Skip to main content

Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

See other formats


Digitized by tine Internet Archive 

in 2012 witii funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/ordinances89balt 



ORDINANCES AND RESOLUTIONS 



OF THE 

Mayor and City Council 

OF BALTIMORE 
PASSED AT THE ANNUAL SESSION 1988-1989 







Mayor and City Council of Baltimore 

Depanment of Legislative Reference 

1990 



Sl^oS?^ 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 

1988-1989 

CITY OP BALTIMORE 

ORDINANCE NO. 198 

(Council Bill No. 323) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - CANTON SQUARE TOWNHOUSES 

FOR the purpose of authorizing the construction and maintenance 
of entry steps projecting approximately 48 inches into the 
public right-of-way on various streets along the Canton 
Square Townhouses. 

BY authority 

Article 32 - Building Code 

Subtitle - Article 5 - General Building Limitations 

Section 507.2 

Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the construction and maintenance of masonry 
entrance steps are hereby authorized at the following locations: 

1210-1222 and 1211-1215 S. Curley Street 

2802-2810, 2816-2826, 2902-2912, 2803-2811, 2817-2827, and 

2903-2929 Elliott Street 

1100-1124, 1201, AND 1103-1111 S. Kenwood Avenue 

1200-1208, 1115, 1201-1219 S. Linwood Avenue 

1200-1216 and 1203-1309 S. Potomac Street 

1102-1110, 1200-1208 and 1201 S. Streeper Street 

2916-2924 Toone Street 

The masonry entrance steps shall extend into the right-of- 
way by not more than 48 inches. Except as in this ordinance 
specifically provided, all ordinances and rules and regulations 
of the Mayor and City Council of Baltimore shall be complied with 
in the construction and use of these entry steps. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the 3 0th day after the date of its 
enactment . 

Approved December 8, 1988 

KURT L. SCHMOKE, Mayor 



Ord. No. 199 

CITY OF BALTIMORE 

ORDINANCE NO. 199 

(Coiincll Bill No. 331) 

AN ORDINANCE concerning 

CITY STREET - OPENING OF A PORTION OF FEDERAL STREET 

FOR the purpose of condemning and opening a portion of Federal 

Street, contiguous to the north side thereof, extending from 
Calvert Street westerly to Hargrove Alley in accordance with 
a plat thereof numbered 347-A-44, prepared by the Surveys 
and Records Division and filed in the Office of the 
Department of Public Works, on the Twentieth (20th) day of 
July, 1988. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and open a portion of 
Federal Street, contiguous to the north side thereof, extending 
from Calvert Street westerly to Hargrove Alley, the portion of 
street hereby directed to be condemned for said opening described 
as follows: 

Beginning for the same at the point formed by the 
intersection of the north side of Federal Street, as now laid 
out, and the west side of Calvert Street, 60 feet wide, and 
running thence binding on the west side of said Calvert Street, 
Southerly 25 feet; thence by a straight line, North 81 -19 '-10" 
West 125 feet, more or less, to the point formed by the 
intersection of the north side of said Federal Street and the 
east side of Hargrove Alley, 20 feet wide, and thence binding on 
the north side of said Federal Street, Easterly 122 feet, more or 
less, to the place of beginning. 

The said portion of Federal Street as directed to be 
condemned being delineated and particularly shown on a plat 
numbered 347-A-44 which was filed in the Office of the 
Department of Public Works on the Twentieth (20th) day of July 
in the year 1988, and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works, with reference to the 
condemnation and opening of said portion of Federal Street and 
the proceedings and rights of all parties interested or affected 



Ord. No. 200 



thereby, shall be regulated by, and be in accordance with, any 
and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 
adopted by the Director bf Public Works and filed with the 
Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 
Approved December 8, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 200 

(Council Bill No. 332) 

AN ORDINANCE concerning 

CITY STREET - CLOSING OF A PORTION OF FEDERAL STREET 

FOR the purpose of condemning and closing a portion of Federal 

Street, contiguous to the north side thereof, extending from 
Calvert Street westerly to Hargrove Alley in accordance with 
a plat thereof numbered 347-A-44A, prepared by the Surveys 
and Records Division and filed in the Office of the 
Department of Public Works, on the Twentieth (20th) day of 
July, 1988. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and close a portion of 
Federal Street, contiguous to the north side thereof, extending 
from Calvert Street westerly to Hargrove Alley, the portion of 
street hereby directed to be condemned for said closing being 
described as follows: 

Beginning for the same at the point formed by the 
intersection of the north side of Federal Street, as now laid 
out, and the west side of Calvert Street, 60 feet wide, and 
running thence binding on the west side of said Calvert Street, 
Southerly 25 feet; thence by a straight line, North 81 -19 '-10" 



Ord. No. 200 



West 125 feet, more or less, to the point formed by the 
intersection of the north side of said Federal Street and the 
east side of Hargrove Alley, 2 feet wide, and thence binding on 
the north side of said Federal Street, Easterly 122 feet, more or 
less, to the place of beginning. 

The said portion of Federal Street as directed to be 
condemned being delineated and particularly shown on a plat 
numbered 347-A-44A which was filed in the Office of the 
Department of Public Works on the Twentieth (2 0th) day of July in 
the year 1988, and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned 
by the Mayor and City Council of Baltimore, shall be and continue 
to be the property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council 
of Baltimore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every kind and 
nature made necessary by such removal, alteration or 
interference . 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor 
and City Council of Baltimore, over which said buildings or 
structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by 
any person, firm or corporation, other than the Mayor and City 
Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at the 
expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and City 
Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances used 



Ord. No. 201 

by it therein, for the purposes of inspection, maintenance, 
repair, alteration, relocation and/or replacement, of any or all 
of said structures and appurtenances, and this without permission 
from or compensation to the owner or' owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works with reference to the 
condemnation and closing of said portion of Federal Street and 
the proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any 
and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved December 8, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 201 

(Council Bill NO. 381) 

AN ORDINANCE concerning 

PARKING - RESERVED 
PIMLICO ROAD 

FOR the purpose of providing for reserved parking on the east 
side of Pimlico Road for Milton B. Cooper. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That on Pimlico Road, east side, from a point 102' 
north of Green Meadow Parkway, to a point 124' north of Green 
Meadow Parkway, parking is reserved for Milton B. Cooper, 
displaying a permit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 8, 1988 

KURT L. SCHMOKE, Mayor 



Ord. No. 202 

CITY OP BALTIMORE 

ORDINANCE NO. 202 

(Council Bill No. 314) 

AN ORDINANCE concerning 

ZONING - AMENDMENT TO PLANNED UNIT DEVELOPMENT 

4500 -4538 ERDMAN AVENUE 

A>fD REgONIWG 44 00 ERDMAtf AVEtfUE 

FOR the purpose of approving the application of Freedom Joint 

Venture to amend the Business Planned Development approved 
by Ordinance No. 32, approved March 28, 1988, and to approve 
the amended Development Plan plat submitted by the 
applicant-; — and reeoning q portion of the property located at 
44 00 Erdman Avenue from the D 3 2 Zoning Diatriot to the D - 
•2 — 1 Zoning Diotrict as outlined in green on the plota 
aceompanying thio ordinance.^ 

BY authority of 

Article 30 - Zoning 

Sections 12.0-1 and 12.0-4 

Baltimore City Code (1983 Replacement Volume, as amended) 

By amending Zoning District Maps 
ChGGt Wo. 4 

Article 30 Zoning 

Baltimore City Code — (1003 Replaecmcnt Volume, — ao amended) 

RECITALS 

WHEREAS, Joint Freedom Venture ("Freedom") owns the Freedom 
Shopping Center located on the north side of the 4 500 bloc}c of 
Erdman Avenue, known as 4 500 through 4 538 Erdman Avenue, and 
consisting of 3.24 acres, more or less. Whiz Car Wash, Inc. 
("Whiz Car") owns the property known as 4400 Erdman Avenue, which 
abuts Freedom's property; and 

WHEREAS, The Freedom Shopping Center, a retail strip 
shopping center, is zoned B-2-1 and is included in a Business 
Planned Unit Development which was established by the approval of 
Ordinance No. 32 by the Mayor and City Council on March 28, 1988. 
The property 4400 Erdman Avenue is zoned B-3-2 and is vacant and 
unimproved. It formerly was improved by a gasoline station; and 

WHEREAS, The boundary line between the two subject 
properties runs due north, and is not perpendicular to Erdman 
Avenue. Consequently, the boundary line causes the two 
properties to be irregularly shaped and does not allow for 
effective use of the properties at the boundary lines; and 



Ord. No. 202 

WHEREAS, Freedom would like to add additional retail space 
to its existing shopping center strip. This space could be 
utilized for a medical clinic type. Whiz Car would like to 
construct an 8 bay self-service car wash on its property. The 
principals of Whiz Car also own the abutting property known as 
4 34 Erdman Avenue and operates an automatic car wash known as 
Whiz Erdman Fast Car Wash on the property. In effect, the 
principals of Whiz Car would be operating two car washes on its 
two properties; and 

WHEREAS, In order to utilize the subject properties as 
described above, Freedom and Whiz Car have agreed to transfer to 
each other portions of the subject properties thereby causing the 
boundary line between the properties to run perpendicular to 
Erdman Avenue and squaring off the properties. The transfer of 
properties will require an amendment to the boundaries of 
Freedom's Business P.U.D. to delete the parcel being transferred 
from Freedom to Whiz Car and add the parcel being transferred 
from Whiz Car to Freedom in its place. In addition, the 
amendment to the P.U.D. should pgovidc for the coning of the 
added parcGl to be D 2 1 instead of D 3 2 , — and permit the 
expansion of the shopping center as previously described; and 

WHEREAS, On June 10, 1988, representatives of Freedom and 
Whiz Car met with representatives of the Department of Planning 
for Baltimore City to hold a Pre-Petition Conference to explain 
the scope and nature of existing and proposed development on the 
subject properties in order to institute proceedings to have the 
portions of said properties designated a Business Planned Unit 
Development as stated above; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of the Freedom Joint Venture to 
amend the Business Planned Unit Development approved by Ordinance 
No. 32, approved March 28, 1988, as outlined in the amended 
Development Plan plat dated September 2. 1988. accompanying this 
Ordinance, pursuant to Article 30, Sections 12.0-1 and 12.0-4 of 
the Baltimore City Code (1983 Replacement Volume, as amended) be 
and it is hereby approved. 

SEC. 2. A>fD BE IT FURTHER ORDAINED, That the Gheet No. 4 of 
the Zoning Diotrict Mapa of Article 30 of the Baltimore City Code 
(1003 Replacement Volume, ao amended) — title "Zoning" be and it io 
hereby amended by changing from the B 3 2 Zoning Diatrict to the 
B 2 1 Zoning District, — ao outlined in green on the plato 
accompanying this ordinance, being a portion of the property 
known ao 44 00 Erdman Avenue. 

SEC. 9- 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the amended Development Plan and Reeoning Plat 
which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the . 
President of the City Council shall sign the Development Plan, 



Ord. No. 203 



and when the Mayor approves the ordinance, he shall sign the 
amended Development Plan and Rceoning Plat . The Director of 
Finance shall then transmit a copy of the ordinance and the 
amended Development Plan and Rezoning Plat to the following: the 
Board of Municipal and Zoning Appeals, the Planning Commission, 
the Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 4 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 3 0th day after the date of its 
enactment. 

Approved December 13, 1988 

KURT L. SCHMOKE, Mayor 



CORRECTED COPY 

CITY OP BALTIMORE 

ORDINANCE NO. 203 

(Council Bill No. 315) 

AN ORDINANCE concerning 

REZONING - 44 00 and 4500-4538 ERDMAN AVENUE 

FOR the purpose of rezoning a portion of the properties known as 
44 00 4500-4538 Erdman Avenue from the B-2-1 Zoning District 
to the B-3-2 Zoning District, as outlined in blue on the 
plat3 revised plat accompanying this ordinance; and the 
property known as 4400 Erdman Avenue from the B-3-2 Zoning 
District to the B-2-1 Zoning District as outlined in red on 
the revised plat acc ompanying this ord inance. 

BY amending Zoning District Maps 
Sheet No. 48 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 48 of the Zoning District Maps of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) title "Zoning" be and it is hereby amended by 
changing from the B-2-1 Zoning District to the B-3-2 Zoning 
District the properties known as 2301 - 2311 E. North Avenue 4500- 
4 538 Erdman Avenue . as outlined in blue on the revised plat 
accompanying this ordinance-; — being a portion of the property 
known qo 44 00 Erdman Avenue. : and the property known as 4400 
Erdman Avenue from the B-3-2 Zoning District to the B-2-1 Zoning 
District as outlined in red on the revised plat accompanying this 
ordinance. 



Ord. No. 204 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which" are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 3 0th day after the date of its 
enactment . 

Approved December 13, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 2 04 

(Council Bill No. 361) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 108 

FOR the purpose of consenting to and approving a Petition for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land consisting of 30, 002 38. 092 acres in the 
Second Election District located in the vicinity of Lyons 
Mill Road and McDonough Road, District 2/C3, Horsehead Woods 
Limited Partnership, and in accordance with the provisions 
of Chapter 539 of the Acts of the General Assembly of 
Maryland of 1924, as amended by Chapter 515 of the Acts of 
1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, That the Petition for the extension of the 
Metropolitan District of Baltimore County to a tract of land in 
the Second Election District of Baltimore County located in the 
vicinity of Lyons Mill Road and McDonough Road, District 2/C3, 
Horsehead Woods Limited Partnership, more particularly shown on a 
plat filed in the Department of Public Works of Baltimore County 
numbered 88-002, is in accordance with the authority granted by 
Chapter 539 of the Acts of the General Assembly of Maryland 1924, 
and amended by Chapter 515 of the Acts of 1955 hereby consented 
to and approved. 



Ord. No. 205 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 13, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDIMAKCE MO. 205 

(Council Bill Mo. 366) 

AN ORDINANCE concerning 

FRANCHISE - OVERHEAD BRIDGE ACROSS PLEASANT STREET 

FOR the purpose of amending Ordinance 483 enacted December 6, 

1973 which grants permission and authority to Mercy Medical 
Center, Inc., a body Corporate to erect, construct, 
maintain, and operate a bridgeway above East Pleasant Street 
between North Calvert Street and St. Paul Place and above 
Hargrove Alley north of East Pleasant Street. 

BY authority of 

Article VIII - Franchises 

Charter of Baltimore City (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance 4-^^ 483 . enacted December 6, 1973, be 
amended to relocate the bridgeway previously approved 
approximately seven (7) feet east of the existing structure and 
that permission and authority be and the same is hereby granted 
to Mercy Medical Center, Inc., a Maryland corporation, its 
successors and assigns, hereinafter some times referred to as 
"Grantee," to relocate, construct, erect, maintain, and operate 
at its own cost and expense the following described structure: 

Over the bed of East Pleasant Street between North 
Calvert Street and St. Paul Place, as hereinafter more 
particularly described: 

A one story high bridgeway above and across East 
Pleasant Street to serve as a convenience connection, with not 
less than 7 feet 6 inches clear ceiling height, between the 
existing parking garage on the west side of North Calvert Street 
north of East Pleasant Street; and the proposed new Professional 
Office Building/Conference Center and the Medical Center of 
Grantee located at 301 St. Paul Place, beginning at the south 
building line of East Pleasant Street and extending northerly 
approximately 49 feet 5 inches across the entire width of East 
Pleasant Street, upon the terms and conditions following: 



10 



Ord. No. 205 



That the lowest pet^ part of said bridgeway shall 
not be less than 13 feet 6 inches above the surface of East 
Pleasant Street and the bridgeway shall extend across the entire 
width of East Pleasant Street and continue across Hargrove Alley 
more particularly described below and shall be approximately 10 
feet inches wide. 

The center line of the said bridgeway shall be 
located approximately 113 feet inches west of the west building 
line of North Calvert Street. 

SEC. 2.. AND BE IT FURTHER ORDAINED, That the franchise or 
right granted by this ordinance shall be executed and enjoyed 
within six (6) months after the grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall pay to the said Mayor and City 
Council of Baltimore, as compensation for the franchise or 
privilege hereby granted the sum of One Hundred Dollars — (OlOO« 00) 
$200 per year, payable in advance during the continuance of this 
franchise of privilege, or any renewal thereof; and subject to 
the increase or decrease of this charge as provided in Section 4 
herein. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the Mayor and City 
Council of Baltimore hereby expressly reserves the right and 
power, at all times, to exercise, in the interest of the public, 
full municipal superintendence, regulation and control in respect 
to all matters connected with this grant, and not inconsistent 
with the terms thereof. The franchise herein granted shall be 
held, exercised and enjoyed for a period of one year from the 
effective date of this ordinance, with the further right to the 
Grantee to twenty-four (24) consecutive one year renewals of the 
franchise, each such renewal to be for a period of one year, upon 
the same terms and conditions as the original one year grant, 
except as otherwise provided herein. Each one year renewal 
period shall take effect immediately upon the expiration of the 
original or renewal term then in force, without any action being 
taken on behalf of either the Mayor and City Council of Baltimore 
or the Grantee, but the total period of time during which the 
franchise shall operate, including the original term and all 
renewals thereof, shall not exceed, in the aggregate twenty-five 
years. Provided , that the Mayor and City Council of Baltimore, 
acting by and through the Board of Estimates, may increase or 
decrease the franchise charge payable by the grantee under the 
provisions hereof, by giving written notice to that effect to the 
grantee at least one hundred and fifty (150) days prior to the 
expiration of the original one year term granted herein, or any 
yearly renewal term herein granted and then in effect; any such 
increase or decrease of said franchise charge to be operative as 
to all yearly renewal terms herein granted which become effective 
after any increase or decrease in said franchise charge has 
occurred. Provided, further, that either the Mayor and City 
Council of Baltimore, acting by and through the Director of 

11 



Ord. No. 205 



Public Works, or the Grantee may terminate the franchise granted 
herein, by giving written notice to that effect to the other, at 
least ninety (90) days prior to the expiration of the original 
one year term granted herein or any one year renewal term herein 
granted and then in effect. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall maintain the structure for 
which the franchise is herein granted in good condition 
throughout the full term of this grant, and so long as said 
structure shall exist at the locations described herein. 

SEC. 6. AND BE IT FURTHER ORDAINED, That noncompliance with 
any of the terms or conditions of the grant hereby made by the 
said Grantee, its successors and assigns, at any time, or times, 
shall, at the option of the Mayor and City Council of Baltimore, 
operate as a forfeiture of said grant, which shall thereupon be 
and become void, and that nothing other than an ordinance of the 
Mayor and City Council of Baltimore shall operate as a waiver of 
any forfeiture of the grant hereby made. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 
granted when, in his judgment, the public interest, welfare, 
safety, or convenience requires such revocation, and upon written 
notice to that effect from the Mayor of Baltimore City served 
upon the Grantee hereunder, its successors or assigns, all rights 
shall cease and determine terminate . 

SEC. 8. AND BE IT FURTHER ORDAINED, That in the event of 
any revocation, forfeiture, or termination for any reason 
whatsoever of the rights and privileges by this ordinance 
granted, the said Grantee hereunder, its successors and assigns, 
shall, at ±^ its or their expense, promptly remove the structures 
for which the franchise is herein granted in a manner 
satisfactory to the Commissioner, Department of Housing and 
Community Development, and the Director of Public Works of 
Baltimore City, such removal to be made without any compensation 
to the Grantee, its successors and assigns, and to be completed 
within such time as shall be specified in writing by the said 
Director of Public Works. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall be liable for and shall 
indemnify and save harmless the Mayor and City Council of 
Baltimore from and against any and all suits, losses, costs, 
claims, damages, or expenses to which the said Mayor and City 
Council of Baltimore may, from time to time, be subjected on 
account of, by reason of, or in any way resulting from: 

a. The presence, construction, use, operation, 
maintenance, alteration, repair, location, relocation, or removal 
of the structures for which the franchise is herein granted; and 

12 



Ord. No. 206 

b. Any failure on the part of said Grantee, its 
successors and assigns, to perform, promptly and properly, any of 
the duties or obligations imposed upon it or them by the terms 
and provisions of this ordinance. 

SEC. 10. AND BE IT FURTHER ORDAINED,, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 13, 1988 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 2 06 

(Council Bill No. 375) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION - 
COMMITTEE ON ART AND CULTURE 

FOR the purpose of providing a supplementary special fund 
operating appropriation in the amount of Ten THousand 
Dollars ($10,000) to the Committee on Art and culture 
(Program 492 - Promotion of Art and culture) to support 
Artists Forums and artists Apprentice Programs at School 33. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by a private foundation grant which could not be 
expected with reasonable certainty at the time of the formulation 
of the proposed Ordinance of Estimates for the fiscal "year ending 
June 30, 1989, in accordance with Article VI, Section 2(h)(2) of 
the Baltimore City Charter (1964 Revision, as amended); and 

WHEREAS, This supplementary special fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
5th day of October, 2988, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revisions, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Ten Thousand Dollars ($10,000) shall be made 
available to the Committee on Art and culture (Program 492 - 
Promotion of Art and Culture) of the City of Baltimore as a 

13 



Ord. No. 207 



supplementary special fund operating appropriation for the fiscal 
years ending June 30, 1989, for the purpose of supporting Artists 
forums and Artists Apprentice Programs at School 33. The amount 
thus made available as a supplementary special fund operating 
appropriation shall be expended from a private foundation grant 
which could not be expected with reasonable certainty at the time 
of formulation of the fiscal 1989 Ordinance of Estimates; and 
said funds from a private foundation grant shall be the source of 
revenue for this supplementary special fund operating 
appropriation, as required by Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 13, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 207 

(Council Bill No. 376) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION - 
COMMITTEE ON ART AND CULTURE 

FOR the purpose of providing a supplementary special fund 

operating appropriation in the amount of Five Thousand Eight 
Hundred Dollars ($5,800) to the Committee on Art and Culture 
(Program 492 - Promotion of Art and Culture) for promoting 
the development and growth of contemporary art in Baltimore. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by a state grant which could not be expected with 
reasonable certainty at the time of the formulation of the 
proposed Ordinance of Estimates for the fiscal year ending June 
30, 1989 in accordance with Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision as amended) ; and 

WHEREAS, This supplementary special fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
5th day of October, 1988, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 



14 



Ord. No. 208 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Five Thousand Eight Hundred Dollars ($5,800) 
shall be made available to the Committee on Art and Culture 
(Program 492 - Promotion of Art and Culture) of the City of 
Baltimore as a supplementary special fund operating appropriation 
for the fiscal year ending June 30, 1989, for the purpose of 
promoting the development and growth of contemporary art in 
Baltimore. The amount thus made available as a supplementary 
special fund operating appropriation shall be expended from a 
state grant which could not be expected with reasonable certainty 
at the time of formulation of the fiscal 1989 Ordinance of 
Estimates; and said funds from a state grant shall be the source 
of revenue for this supplementary special fund operating 
appropriation, as required by Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 13, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 208 

(Council Bill No. 377) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION - 
COMMITTEE ON ART AND CULTURE 

FOR the purpose of providing a supplementary special fund 

operating appropriation in the amount of Four Thousand 
Dollars ($4,000) to the Committee on Art and Culture 
(Program 492 - Promotion of Art and Culture) to provide arts 
programs for children and families. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by a state grant which could not be expected with 
reasonable certainty at the time of the formulation of the 
proposed Ordinance of Estimates for the fiscal year ending June 
30, 1989 in accordance with Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision as amended) ; and 



15 



Ord. No. 209 



WHEREAS, This supplementary special fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
5th day of October, 1988, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Four Thousand Dollars ($4,000) shall be made 
available to the Committee on Art and Culture (Program 492 - 
Promotion of Art and Culture) of the City of Baltimore as a 
supplementary special fund operating appropriation for the fiscal 
year ending June 30, 1989, for the purpose of providing arts 
programs for children and families. The amount thus made 
available as a supplementary special fund operating appropriation 
shall be expended from state grant which could not be expected 
with reasonable certainty at the time of formulation of the 
fiscal 1989 Ordinance of Estimates; and said funds from a state 
grant shall be the source of revenue for this supplementary 
special fund operating appropriation, as required by Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision as 
amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 13, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 209 

(Council Bill No. 403) 

AN ORDINANCE concerning 

PARKING - RESERVED 
COLORADO AVENUE 

For the purpose of providing for reserved parking on the north 
side of Colorado Avenue for Gretchen Willging. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That on Colorado Avenue, north side, from a point 40' 
west of Summit Avenue to a point 62' west of Summit Avenue, 
parking is reserved for Gretchen Willging displaying a permit. 



16 



Ord. No. 210 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 13, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 210 

(Council Bill No. 280) 

AN ORDINANCE concerning 

HORSES 

FOR the purpose of defining certain terms, requiring an 

application, license and fee to drive or ride certain 
animals, requiring certain animal stables to maintain 
specified reports, authorizing the Commissioner of Health of 
Baltimore City to inspect reports maintained by certain 
animal stables; providing for administrative hearings and 
appeals; authorizing the Commissioner of Health of Baltimore 
City to adopt and promulgate initial regulations bv Mav 1. 
1989 concerning standards and requirements for the care, 
treatment, inspection and use of horses and licensing of 
horse drivers and riders; providing for the suspension, 
denial, or revocation of licenses: providing for penalties 
for violation of this subtitle and regulations issued 
pursuant thereto; requiring veterinarian examinations of and 
certification of the fitness of certain animals; prohibiting 
persons under the influence of intoxicating substances from 
using, caring for or controlling certain animals; requiring 
identification cards for certain animals; providing for use 
and rest periods, feeding and watering of certain animals, 
protection from weather and requirements for animal-drawn 
vehicles; limiting use of certain animals in the sun and in 
extremes of temperature and unsafe periods, and requiring 
removal to protected areas; protecting certain animals from 
described abuses; prescribing standards for attachments, 
equipment and other devices for certain animals and 
requiring daily inspection; prescribing standards for 
stalls, stables and barns of certain animals; requiring 
public identification of owners and operators: requiring 
treatment for certain sick or injured animals and 
restricting use during convalescence; requiring display of 
license on certain animal-drawn vehicles; providing for 
issuance of citationsjL €md imposition of penalties for 
violation of any part of this subtitle-r : providing for the 
severability of the various parts and applications of this 
ordinance: and providing an effective date hereof. 



17 



Ord. No. 210 



BY repealing 

Article 19 - Police Ordinances 

Subtitle - Horses 

Section 32 

Baltimore City Code (1983 Replacement Volume, as amended) 

BY adding 

Article 19 - Police Ordinances 

Subtitle - Horses 

Section 32 

Baltimore City Code ( 1002 1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) , be added, repealed or amended, 
to read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

HORSES 

[32. Inspection, care, treatment. 

(a) Definition. As used in this section, "horse" or 
"horses" refers to a house, mule, donkey, ox, mare, pony, or 
similar animal owned, used, operated, or quartered either 
permanently or temporarily in this City for a work purpose or for 
the performance of some work or labor, which includes showing or 
performing in any exhibition, show, circus, rodeo, or similar 
use. The terms do not refer to or include any horses used only 
for riding or propagation. 

(b) Examinations. The owner or custodian of every horse, at 
intervals of not more than one year in any instance, shall have 
the horse examined and inspected by a bona fide and recognized 
veterinarian. The examination and inspection shall cover the 
general physical condition of the horse, its teeth, hoofs, and 
shoes, and its stamina and physical ability to carry the loads 
and to perform the work or duties required of it; and the 
examination and inspection shall also include a record of any 
injury, disease, or deficiency observed or detected at the time, 
together with any prescription or recommendation for humane 
correction or disposition of same. 

(c) Same; certification. The owner or custodian of every 
horse, during all the times it is being used for any purpose on 
the streets or public ways in the City of Baltimore shall carry 
with him and have available for inspection by a police or 
recognized humane officer, a certificate from a bona fide and 
recognized veterinarian, signed, dated, and secured within the 
preceding one year, certifying the stamina and physical condition 
of the horse and including any conditions which might restrict or 
affect its use, movement, or operation. Such certificate will 

18 



Ord. No. 210 

also include a description of the horse, including sex, age, 
height, color, markings, and any other information required for 
identification purposes, or which will facilitate identification. 

(d) Intoxicated persons. No person who is intoxicated or 
under the influence of any intoxicating beverage shall at any 
time ride, lead, drive, work, exhibit, handle, or maintain any 
horse or other animal, or wagon or vehicle horse-drawn. 

(e) Registry of rentals. The owner or other person in 
charge of any establishment which rents or hires the use of 
horses for compensation or a fee shall maintain a written 
registry which shows the name and address of every person who 
hires or rents the use of a horse, showing also the period during 
and for which the use of the horse was hired or rented. This 
registry shall be preserved for at least three years after the 
renting and hiring, and it shall be available for inspection by 
the Police Department or a recognized humane officer during 
normal business hours. 

(f) Identification cards. The owner or other person in 
charge of any establishment which rents or hires the use of 
horses for compensation or fee shall issue a signed and dated 
identification card including legible name and address of both 
the establishment and operator to every person who hires or rents 
the use of a horse. The renter or hirer shall carry this card 
with him during the entire period he has the horse out of the 
establishment, and upon request he shall permit the card to be 
inspected by the Police Department or a recognized humane officer 
any time during this period. 

(g) Regulations; use. The owner, custodian, or renter of 
every horse, during the time it is being used for work purposes: 

(1) for the class of persons generally described as 
•Arabs," shall not work or require labor from the horse during 
the period from 9:00 o'clock p.m. on any day to 7:00 a.m. on the 
following day, nor require work or labor from the horse at any 
time on Sundays; 

(2) shall carry food and drinking water for the horse 
with him at all times while he is working and using the horse, 
and shall at reasonable intervals permit the horse to have food 
and drinking water from a clean container of sufficient size and 
in good condition; 

(3) shall have available and use a warm blanket in good 
condition and of sufficient size to drape the body of the horse 
during times of cold or inclement weather; 

(4) shall assure that any wagon used is in good 
condition, that axles are well-greased, and that brakes and 
operating mechanisms are in good working order and control at all 
times, particularly on down grades or in times of inclement 
weather, when the drawn vehicle may be difficult for the horse to 
manage or footing may be treacherous; 



19 



Ord. No. 210 



(5) shall not at any tine leave the horse unattended on 
a street or other public way; and during warm weather shall park 
it in the shade whenever conditions will permit; and shall have 
brakes in firm control at all times 'when vehicle is not moving or 
operating. 

(h) Bad weather conditions. An owner or custodian of a 
horse shall not permit its use or work on the public streets or 
byways during periods designated as 'snow emergencies,' or during 
other times designated by the Commissioner of Transit and Traffic 
as being dangerous or unsuitable because of adverse weather 
conditions for the horse to be working and on the streets; and 
any horse already in use at the time such an emergency may be 
declared shall be returned by its custodian or driver by the most 
direct route as soon as possible to the stable or establishment 
from which it was obtained. 

(i) Same; equipment. The owner, custodian or renter of 
every horse during the time it is being used for work and labor: 

(1) shall see that saddle, harness, shoes, bridle, and 
any other equipment required or in used is in good working order 
and will not cause physical pain or injury to the horse. Curb 
bits, twisted wire, twisted wire snaffles, spurs, bucking straps, 
flank straps, and similar devices are not permitted, and their 
use is prohibited by this section. Horseshoes are required on 
all horses at all times. All equipment shall fit properly and 
shall be inspected as necessary by the owner, custodian, or 
operator to assure that it is maintained in good condition. 

(2) shall treat the horse in a humane manner; shall not 
beat or prod it to maintain a fast gait in any way which will 
cause injury to the horse; and shall not be knowingly, 
intentionally, or obviously cruel. 

(j) Stables. The owner or custodian of every horse shall 
assure that it is properly quartered in a light, clean, dry, 
well-ventilated but not drafty, stable or barn in a clean, dry 
stall of sufficient area to permit the horse to turn around 
easily. Stalls shall be cleaned daily, and sufficient bedding of 
straw, shavings, or other suitable material shall be furnished 
and changed as often as necessary to maintain it in a clean, dry 
condition. Necessary heat or blankets shall be maintained and 
used during cold winter periods, the owner or custodian's name, 
current address, and telephone number shall be legibly stenciled 
or displayed on the stable entrance in at lease two-inch 
lettering for emergency purposes. 

(k) Sick or injured horses. The owner or custodian of any 
horse which is sick, diseased, lame, or injured shall take 
immediate action to obtain any required veterinary treatment, 
care, and attention as soon as possible. Such a horse shall not 
be sold or otherwise disposed of except in a humane manner; it 
shall not be moved or driven except for the immediate purpose of 
humane keeping or pasture and/or obtaining the medical or 

20 



Ord. No. 210 

surgical care and attention required; nor shall it be used or 
worked during the recovery or convalescent period unless a signed 
dated certificate obtained from the veterinarian duly certifies 
that the horse's condition will not be impaired or aggravated by 
such activity, and such a certificate is in possession of the 
custodian or driver. 

(1) Display of license. The owner or operator of any horse- 
drawn vehicle shall assure that the license issued for the 
vehicle is kept clean, securely fastened, and prominently 
displayed on the vehicle. 

(m) Penalty provisions. Any person who violates any 
provision of this subtitle is guilty of a misdemeanor and upon 
conviction thereof is subject to a fine of not less than five 
dollars ($5.00) and not more than one hundred dollars ($100.00) 
for each such violation.] 

32. INSPECTION, TREATMENT, CARE AND USE OF HORSES AND LICENSING 

A. DEFINITIONS. 

FOR THE PURPOSE OF THIS SUBTITLE, THE WORDS AND PHRASES 
LISTED IN THIS SECTION ARE DEFINED AS FOLLOWS: 

(1) ATTEND. MEANS THAT A HORSE BEING USED FOR RIDING 
PURPOSES ONLY, SHALL BE SECURELY TIED TO AN IMMOVABLE OBJECT OR 
HELD, LED OR MOUNTED BY AN INDIVIDUAL PERSON WHO IS PHYSICALLY 
ABLE TO MAINTAIN FULL CONTROL OF THE HORSE; AND THAT A HORSE 
BEING USED FOR ANY OTHER DRIVING PURPOSE SHALL BE WITHIN THE 
SIGHT AND WITHIN 75 FEET OF ITS CUSTODIAN. 

(2) COMMISSIONER. MEANS THE COMMISSIONER OF HEALTH OF 
BALTIMORE CITY, OR HIS OR HER DESIGNEE. 

(3) CUSTODIAN. MEANS ANY PERSON WHO HAS THE IMMEDIATE 
POSSESSION, BAILMENT, CUSTODY, USE OR CONTROL OF ANY HORSE, BUT 
DOES NOT INCLUDE AN INDIVIDUAL WHO IS PEACEABLY SITTING UPON A 
HORSE WHILE SUCH HORSE IS BEING CONTINUOUSLY HELD IN PLACE OR 
RESTRAINED WHILE BEING SLOWLY WALKED ON A LEAD BY AN OWNER, 
OPERATOR, OR RENTER WHO IS ON FOOT. 

(4) DRIVER'S LICENSE. MEANS A LICENSE ISSUED BY THE 
COMMISSIONER, TO USE A HORSE FOR PULLING OR HAULING A WAGON, 
CART, CARRIAGE, VEHICLE, OR SIMILAR DEVICE, OR FOR RIDING. 

(5) DRIVING. MEANS THE PROCESS OF USING A HORSE FOR PULLING 
OR HAULING A WAGON, CART, CARRIAGE, VEHICLE, OR SIMILAR DEVICE, 
OR FOR RIDING. 

(6) ESTABLISHMENT. MEANS EVERY PERMANENT OR TEMPORARY 
LOCATION WITHIN THE CITY OF BALTIMORE FROM WHICH HORSES ARE SOLD 
AND/OR RENTED FOR RIDING OR DRIVING PURPOSES; AND RENTAL STABLES, 
BOARDING STABLES, AND SALES AND BREEDING STABLES. 

21 



Ord. No. 210 



(7) HORSE OR HORSES. MEANS A HORSE, MULE, DONKEY, OX, MARE, 
PONY OR SIMILAR ANIMAL OWNED, USED, OPERATED OR QUARTERED, EITHER 
PERMANENTLY OR TEMPORARILY, IN THE CITY OF BALTIMORE FOR A WORK 
PURPOSE OR FOR THE PERFORMANCE OF SOME WORK OR LABOR, WHICH 
INCLUDES SHOWING OR PERFORMING IN ANY EXHIBITION, SHOW, CIRCUS, 
RODEO, OR SIMILAR USE. THE TERMS REFER TO AND INCLUDE ANY SAID 
ANIMALS USED FOR RIDING, DRIVING, OR PROPAGATION, BUT SHALL NOT 
INCLUDE ANIMALS OWNED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE 
AND USED BY ITS POLICE DEPARTMENT FOR DEPARTMENTAL PURPOSES; OR 
ANIMALS IN THE CUSTODY OF THE BALTIMORE ZOO OR ITS DULY APPOINTED 
AGENTS OR CONTRACTORS; OR ANIMALS REGULATED BY THE MARYLAND 
RACING COMMISSION. 

(8) HUMANE OFFICER. MEANS ANY OFFICER OR AUTHORIZED AGENT 

OF ANY SOCIETY OR ASSOCIATION INCORPORATED FOR THE PREVENTION OF 
CRUELTY TO ANIMALS, INCORPORATED UNDER THE LAWS OF THE STATE OF 
MARYLAND, WHO HAS BEEN REGISTERED AND APPROVED BY THE 
COMMISSIONER. 

(9) LICENSEE. MEANS THE PERSON TO WHOM A LICENSE IS ISSUED 
BY THE COMMISSIONER OF HEALTH OF BALTIMORE CITY. 

(10) OPERATOR. MEANS THE PROPRIETOR OF, OR THE PERSON WHO IS 
IN CHARGE OF AN ESTABLISHMENT. 

(11) OWNER. MEANS THE PERSON IN WHOM IS VESTED THE 
OWNERSHIP, DOMINION, OR TITLE TO A HORSE. 

(12) PERSON. MEANS AN INDIVIDUAL, FIRM, ASSOCIATION, 
COMPANY, PARTNERSHIP, CORPORATION, OR OTHER LEGAL ENTITY. 

(13) RENTER. MEANS THE PERSON WHO RENTS OR HIRES A HORSE FOR 
RIDING OR DRIVING PURPOSES. 

B. EXAMINATIONS. THE OWNER OF EVERY HORSE, AT INTERVALS OF 
NOT MORE THAN 12 MONTHS, SHALL HAVE THE HORSE EXAMINED AND 
INSPECTED BY A LICENSED VETERINARIAN. THE EXAMINATION AND 
INSPECTION SHALL COVER THE GENERAL PHYSICAL CONDITION OF THE 
HORSE, ITS TEETH, HOOFS, AND SHOES, AND ITS STAMINA AND PHYSICAL 
ABILITY TO CARRY LOADS AND TO PERFORM THE WORK OR DUTIES REQUIRED 
OF IT; AND THE EXAMINATION AND INSPECTION SHALL ALSO INCLUDE A 
RECORD OF ANY INJURY, DISEASE, OR DEFICIENCY OBSERVED OR DETECTED 
AT THE TIME, TOGETHER WITH ANY PRESCRIPTION OR RECOMMENDATION FOR 
HUMANE CORRECTION OR DISPOSITION OF SAME. 

C. IDENTIFICATION CARD. THE IDENTIFICATION CARD SHALL ALSO 
INCLUDE THE NAME AN© ^ ADDRESS AND THE TELEPHONE NUMBER OF THE 
ESTABLISHMENT WHERE THE HORSE IS STABLED AND THE NAME, ADDRESS, 
AND TELEPHONE NUMBER OF THE OWNER OF THE HORSE. IN THE EVENT THE 
OWNER OF A HORSE RENTS, HIRES, OR PLACES THE HORSE IN THE CARE OR 
CUSTODY OF ANY PERSON, HE OR SHE SHALL PROVIDE SUCH PERSON WITH 
THE IDENTIFICATION CARD, REQUIRED BY THIS SECTION, WHICH SHALL BE 
AT ALL TIMES WHEN ANY HORSE IS ON ANY STREET OR PUBLIC WAY IN THE 

22 



Ord. No. 210 



CITY OF BALTIMORE, THE CUSTODIAN SHALL HAVE AVAILABLE FOR 
IMMEDIATE INSPECTION BY A POLICE OFFICER, HUMANE OFFICER, OR THE 
COMMISSIONER, AN IDENTIFICATION CARD SUPPLIED BY THE COMMISSIONER 
WHICH HAS BEEN SIGNED BY A LICENSED VETERINARIAN, CIGNED, DATED, 
AND SECURED WITHIN THE PRECEDING 12 -MONTH PERIOD, STATING: (1) 
THE STAMINA AND PHYSICAL CONDITION OF THAT HORSE; (2) ANY 
CONDITIONS WHICH MIGHT RESTRICT OR AFFECT ITS USE, MOVEMENT, OR 
OPERATION; AND (3) A DESCRIPTION OF THE HORSE, INCLUDING SEX, 
AGE, HEIGHT, COLOR, MARKINGS, AND ANY OTHER INFORMATION WHICH 
WILL FACILITATE IDENTIFICATION. THE IDENTIFICATION CARD SHALL 
ALSO INCLUDE THE NAME AND ^ ADDRESS AND TELEPHONE NUMEBER OF THE 
ESTABLISHMENT WHERE THE HORSE IS STABLED AND THE NAME, ADDRESS, 
AND TELEPHONE NUMBER OF THE OWNER OF THE HORSE. IN THE EVENT THE 
OWNER OF A HORSE RENTS, HIRES, OR PLACES THE HORSE IN THE CARE OR 
CUSTODY OF ANY PERSON, HE OR SHE SHALL PROVIDE SUCH PERSON WITH 
THE IDENTIFICATION CARD, REQUIRED BY THIS SECTION, WHICH SHALL BE 
MADE AVAILABLE BY SAID PERSON UPON REQUEST OF A POLICE OFFICER, 
HUMANE OFFICER, OR THE COMMISSIONER. 

D. INTOXICATED PERSONS. NO PERSON WHO IS INTOXICATED OR 
UNDER THE INFLUENCE OF ANY INTOXICATING BEVERAGES OR SUBSTANCES, 
OR UNDER THE INFLUENCE OF DRUGSt SHALL AT ANY TIME RIDE, LEAD, 
CONTROL, DRIVE, WORK, EXHIBIT, HANDLE, CARE FOR, MAINTAIN, OR 
SUPERVISE ANY HORSE. 

E. REGISTRY OF RENTALS. THE OWNER OR OPERATOR OF ANY 
ESTABLISHMENT WHICH RENTS OR HIRES HORSES OR PROVIDES THE USE OF 
HORSES FOR COMPENSATION OR A FEE SHALL MAINTAIN A WRITTEN 
REGISTRY WHICH SHOWS THE FULL NAME AND ADDRESS OF EVERY PERSON 
WHO HIRES OR RENTS EACH HORSE, SHOWING THE EXACT TIME PERIOD 
DURING AND FOR WHICH THE HORSE WAS HIRED OR RENTED. THIS 
REGISTRY SHALL BE PRESERVED FOR AT LEAST THREE YEARS AFTER THE 
RENTING AND HIRING, AND IT SHALL BE AVAILABLE FOR INSPECTION BY A 
POLICE OFFICER, A HUMANE OFFICER OR THE COMMISSIONER DURING 
NORMAL BUSINESS HOURS. NO SUCH RECORD OR REGISTRY NEED BE MADE 
OR KEPT FOR THE TRANSPORTATION OF PEOPLE IN A CARRIAGE OR SLEIGH. 
PROVIDED THE CARRIA GE OR SLEIGH IS DRIVEN BY A LICENSED DRIVER. 

F. USE. THE OWNER, OPERATOR, RENTER, AN© or CUSTODIAN OF 
EVERY HORSE, DURING THE TIMES IT IS BEING USED FOR ANY PURPOSE ON 
THE STREETS OR PUBLIC WAYS OF BALTIMORE CITY, SHALL: 

(1) NOT USE, WORK, DRIVE, RIDE, AND/ OR REQUIRE LABOR 
FROM ANY HORSE FOR MORE THAN 10 HOURS IN ANY 24-HOL'R PERIOD AND 
PROVIDE ADEQUATE PERIODS OF REST DURING THE SAID B 10 HOURS OF 
USE; 

(2) CARRY FOOD A>fD DRINKING WATER FOR THE HORSE, AND 
SHALL, AT REASONABLE INTERVALS, PERMIT THE HORSE TO HAVE FOOD AND 
DRINKING WATER FROM A CLEAN CONTAINER OF SUFFICIENT SIZE AND IN 
GOOD CONDITION; 



23 



Ord. No. 210 



(3) DRAPE THE BODY OF THE HORSE FROM FORELEGS TO HIND 
LEGS DURING TIMES OF COLD OR INCLEMENT WEATHER WITH A WARM 
COVERING IN GOOD CONDITION; 

(4) ATTEND THE HORSE AT ALL TIMES; AND 

(5) NOT OVERDRIVE OR OVERLOAD ANY HORSE AS EVIDENCED BY 
PHYSICAL STRESS OR STRAIN OR EXHAUSTION OF THE HORSE; AND 

(6) OBEY ANY ORDER ISSUED BY THE COMMISSIONER, RELATING 
TO THE CARE AND TREATMENT OF A HORSE, WITHIN THE TIME PERIOD SET 
FORTH IN SAID ORDER. 

G. LIMITATIONS ON DRIVING. THE RENTER AND/ OR CUSTODIAN OF 
EVERY HORSE, WHICH IS BEING USED FOR DRIVING PURPOSES ON THE 
STREETS OR PUBLIC WAYS OF BALTIMORE CITY, SHALL: 

(1) ASSURE THAT ANY WAGON, CART, CARRIAGE, VEHICLE OR 
SIMILAR DEVICE USED, IS IN GOOD CONDITION, AND ITS AXLES ARE 
WELL-GREASED, AND ITD DRAKES AND OPERATING MECHANISMS ARE IN GOOD 
WORKING ORDER; • 

(2) DURING WARM WEATHER, PARK THE HORSE IN THE SHADE 
WHEN PRACTICABLE; 

(3) HAVE BRAKES fIF SO EQUIPPED) IN LOCKED POSITION AT 
ALL TIMES WHEN THE WAGON, CART, CARRIAGE, VEHICLE OR SIMILAR 
DEVICE IS NOT MOVING; 

(4) TREAT EVERY HORSE IN A HUMANE MANNER AND NOT BEAT 
OR PROD IT TO MAINTAIN A FAST GAIT IN ANY WAY WHICH WILL CAUSE 
PAIN OR INJURY TO THE HORSE, AND NOT BE KNOWINGLY, INTENTIONALLY, 
OR OBVIOUSLY CRUEL TO ANY HORSE; AND 

(5) NOT CAUSE OR PERMIT A HORSE TO GALLOP. 

H. WEATHER CONDITIONS. AN OWNER, OPERATOR, RENTER OR 
CUSTODIAN OF A HORSE SHALL NOT PERMIT ITS USE OR WORK ON THE 
PUBLIC STREETS OR BYWAYS DURING PERIODS: (1) WHEN THE TEMPERATURE 
EXCEEDS 92 DEGREES FAHRENHEIT OR FALLS BELOW ^& 20 DEGREES 
FAHRENHEIT, AS DETERMINED AND ANNOUNCED BY THE LOCAL TELEPHONE 
SERVICE; OR (2) OFFICIALLY DESIGNATED AS "SNOW EMERGENCIES", OR 
Xll DURING OTHER TIMES DESIGNATED BY THE COMMISSIONER OF 
TRANSPORTATION OR THE COMMISSIONER AS BEING lA). DANGEROUS OR IBl 
UNSUITABLE FOR THE HORSE TO BE WORKING AND ON THE STREETS BECAUSE 
OF ADVERSE WEATHER CONDITIONS. ANY HORSE ALREADY IN USE AT THE 
TIME CUCII AN EMERGENCY MAY BE DECLARED A CONDITION DESCRIBED IN 
(1) . (2). OR (3) ABOVE EXISTS. SHALL BE RETURNED IMMEDIATELY BY 
ITS CUSTODIAN, RENTER OR OWNER BY THE MOST DIRECT ROUTE TO THE 
STABLE OR ESTABLISHMENT FROM WHICH IT WAS OBTAINED. 

I. EQUIPMENT. THE OWNER, RENTER OR CUSTODIAN OF EVERY HORSE 
SHALL: 



24 



Ord. No. 210 



(1) INSURE THAT SADDLE, HARNESS, SHOES, BRIDLE, AND ANY 
OTHER EQUIPMENT REQUIRED OR IN USE IS IN GOOD WORKING ORDER, FITS 
PROPERLY AND WILL NOT CAUSE PHYSICAL PAIN OR INJURY TO THE HORSE; 

(2) NOT USE CURB BITS, TWISTED WIRE, TWISTED WIRE 
SNAFFLES, SPURS, BUCKING STRAPS, FLANK STRAPS, OR SIMILAR 
DEVICES; AND 

(3) INSPECT DAILY, HORSES AND ALL THEIR EQUIPMENT AND 
OTHER ATTACHMENTS AT THE TIME THEY DEPART FROM AND RETURN TO THE 
ESTABLISHMENT. 

J. STABLES. THE STABLE OWNER OR OPERATOR SHALL ASSURE THAT 
EVERY HORSE IS QUARTERED IN A LIGHT, CLEAN, DRY, AND PROPERLY 
VENTILATED STABLE OR BARN AND THAT THE HORSE'S STALL IS CLEAN, 
DRY, AND PROVIDES SUFFICIENT AREA TO PERMIT THE HORSE TO TURN 
AROUND EASILY. STALLS SHALL BE CLEANED DAILY AND CONTAIN 
SUFFICIENT BEDDING OF STRAW, SHAVINGS, OR OTHER SUITABLE HYGIENIC 
MATERIAL WHICH SHALL BE CHANGED AS OFTEN AS NECESSARY TO MAINTAIN 
IT IN A CLEAN AND DRY CONDITION. BLANKETS SHALL BE AVAILABLE AND 
USED DURING COLD WINTER PERIODS AS NECESSARY. THE STABLE OWNER 
OR OPERATOR'S FULL NAME, CURRENT BUSINESS ADDRESS, AND BUSINESS 
AND HOME TELEPHONE NUMBERS SHALL BE LEGIBLY STENCILED OR 
CONSPICUOUSLY DISPLAYED, IN AT LEAST TWO-INCH (2") LETTERING, ON 
THE EXTERIOR OF THE STABLE ENTRANCE FOR EMERGENCY PURPOSES. 

K. SICK OR INJURED HORSES. THE OWNER, OPERATOR, RENTER OR 
CUSTODIAN OF ANY HORSE WHICH IS IN PAIN, SICK, DISEASED, LAME, OR 
INJURED SHALL TAKE ACTION TO OBTAIN IMMEDIATE VETERINARY 
TREATMENT, CARE, AND ATTENTION. SUCH A HORSE SHALL NOT BE SOLD 
OR OTHERWISE DISPOSED OF EXCEPT IN A HUMANE MANNER; NOR SHALL IT 
BE MOVED OR DRIVEN, EXCEPT FOR THE PURPOSE OF OBTAINING IMMEDIATE 
HUMANE KEEPING OR PASTURE AND/OR OBTAINING MEDICAL OR SURGICAL 
CARE AND ATTENTION REQUIRED; NOR SHALL IT BE USED OR WORKED 
DURING THE RECOVERY OR CONVALESCENT PERIOD UNLESS A SIGNED, DATED 
CERTIFICATE FROM THE TREATING VETERINARIAN STATES THAT THE 
HORSE'S CONDITION WILL NOT BE IMPAIRED OR AGGRAVATED BY SUCH 
ACTIVITY, AND SUCH CERTIFICATE IS IN POSSESSION OF THE CUSTODIAN. 

L. DISPLAY OF LICENSE. THE OWNER OR OPERATOR OF ANY 
HORSEDRAWN VEHICLE SHALL ASSURE THAT THE LICENSE ISSUED FOR THE 
VEHICLE IS KEPT CLEAN, SECURELY FASTENED, AND PROMINENTLY 
DISPLAYED ON THE VEHICLE. 

M. LICENSE FOR DRIVER. 

(1) IT SHALL BE UNLAWFUL FOR ANY PERSON TO DRIVE A 
HORSE UNLESS SUCH PERSON IS EIGHTEEN (18) YEARS OF AGE OR OLDER . 
HAS BEEN ISSUED A DRIVER'S LICENSE BY THE COMMISSIONER, AND HAS 
SUCH LICENSE ON HIS OR HER PERSON WHILE DRIVING A HORSE, PROVIDED 
THAT A RIDER OF A HORSE WHICH IS BEING HELD OR LED BY A CUSTODIAN 
WITH A VALID DRIVER'S LICENSE DURING THE ENTIRE PERIOD OF RENTAL 
OR USE SHALL NOT BE REQUIRED TO FIRST OBTAIN A DRIVER'S LICENSE. 



25 



Ord. No. 210 



(2) ANY PERSON APPLYING FOR A DRIVER'S LICENSE SHALL 
COMPLETE AN APPLICATION FORM PROVIDED BY THE COMMISSIONER. 

(3) THE FORM AND CONTENTS OF THE APPLICATION SHALL BE 
DETERMINED BY THE COMMISSIONER, AND SHALL REQUIRE SUCH 
INFORMATION AS THE COMMISSIONER DEEMS NECESSARY TO DETERMINE 
WHETHER AN APPLICANT IS CAPABLE OF HUMANELY - HANDLING A HORSE »f-A 
WORK ENVIRO>JMENT AND WHETHER A LICENSE MAY BE ISSUED. 

(4) A DRIVER'S LICENSE MA¥ SHALL BE ISSUED BY THE 
COMMISSIONER UPON PAYMENT OF THE LICENSE FEE, AC APPROVED BY THE 
BOARD OF EGTIMATEG OF BALTIMORE CITY, PROVIDED THE ATPLICA^JT ID 
TRAINED OR QUALIFIED AG DETERMINED BY THE COMMICCIONER. PROVIDED 
THE APPLICANT IS IN C OMPLIANCE WITH THE PROVISIONS OF THIS 
SUBTITLE AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERETO. 
THE LICENSE FEE SHALL BE TEN flO) DOLLARS PER YEAR . THE DRIVER'S 
LICENSE SHALL BE VALID FOR TWENTY - FOUR (2 4 ) TWELVE (12) MONTHS. 

(5) THE DRIVER'S LICENSE SHALL CONTAIN A CLEAR AND FULL 
FACE, HEAD AND SHOULDERS, ONE AND ONE-FOURTH INCH BY ONE AND ONE- 
FOURTH INCH (L 1/ 4 " X L 1/ 4 ") (1 1/4" X 1 1/4") PHOTOGRAPH OF THE 
DRIVER, TAKEN WITHIN THE PRECEDING TWENTY FOUR (2 4 ) TWELVE fl2) 
MONTHS; THE DRIVER'S FULL, CORRECT LEGAL NAME, CURRENT ADDRESS, 
DATE OF BIRTH, SEX, HEIGHT, WEIGHT, AND EYE, SKIN, AND HAIR 
COLOR. 

(6) THE COMMISSIONER MAY WAIVE THE REQUIREMENTS FOR A 
DRIVER'S LICENSE FOR PERSONS PARTICIPATING IN INCORPORATED 
CIRCUSES, HORSE SHOWS, RODEOS, ORGANIZED COMPETITIONS, SPECIAL 
EVENTS INVOLVING THE TRANSPORTATION OF PEOPLE IN CARRIAGES OR 
SLEIGHS. AND SIMILAR EVENTS, AND FOR PERSONS RENTING HORSES FROM 
Mi AUTIIORIBED A RIDING STABLE LOCATED ON CITY PROPERTY AND RIDING 
IN A DESIGNATED SECTION OF A CITY PARK SAID CITY PROPERTY . 

N. SUSPENSION . DENIAL. OR REVOCATION OF LICENSES. THE 
COMMISSIONER OF HEALTH OF BALTIMORE CITY MAY SUSPEND . DENY. OR 
REVOKE ANY LICENSE GRANTED UNDER THIS SUBTITLE, UPON A FINDING BY 
SAID COMMISSIONER THAT SAID LICENSEE HAS UJ. VIOLATED ANY PART OF 
THIS SUBTITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT 
THERETO, OR HI ANY LAW RELATING TO THE -(-if lAl DRIVING OF ANY 
HORSE-DRAWN VEHICLE, -(^ IBl RIDING OF ANY HORSE, OR -^9^ (C) 
TREATMENT, CARE OR HANDLING OF ANY HORSE, OR ( 4 ) USE OF (3) USED 
FRAUD OR DECEPTION IN OBTAINING ANY LICENSE TO DRIVE A HORSE. 

O. HEARINGS AND APPEALS. 

(1) A PERSON AGGRIEVED BY A DECISION OR ORDER OF THE 
COMMISSIONER MAY SHALL REQUEST AN ADMINISTRATIVE HEARING WHICH 
MAY BE HELD BEFORE THE COMMISSIONER OF HEALTH OF BALTIMORE CITY 
OR A HEARING OFFICER DESIGNATED BY THE COMMISSIONER. SUCH 
REQUEST MUST BE MADE, IN WRITING, WITHIN FIVE (5) WORKING DAYS OF 
ISSUANCE OF THE CONTESTED DECISION OR ORDER AND SHALL BE DIRECTED 
TO THE COMMISSIONER OF HEALTH OF BALTIMORE CITY, SETTING FORTH 
ALL THE GROUNDS FOR THE REQUEST FOR AN ADMINISTRATIVE HEARING. 



26 



Ord. No. 210 



(2) ANY PERSON AGGRIEVED BY A HEARING DECISION OR ORDER 
OF THE COMMISSIONER OF HEALTH OF BALTIMORE CITY MAY APPEAL 
SUCH FINAL ORDER TO THE CIRCUIT COURT FOR BALTIMORE CITY, WHERE 
IT SHALL BE HEARD ON THE RECORD. THE AGGRIEVED PERSON MUST 
EXHAUST ALL ADMINISTRATIVE REMEDIES, IN A TIMELY MANNER, PRIOR TO 
FILING AN ACTION WITH THE COURTS. THE PERSON APPEALING THE 
DECISION OF THE COMMISSIONER SHALL PREPAY ALL EXPENSES RELATED TO 
THE TRANSCRIPTION OF THE RECORD. THE PROCEDURES FOR AN APPEAL 
FROM THE DECISION OF THE COMMISSIONER OF HEALTH OF BALTIMORE CITY 
SHALL BE IN COMPLIANCE WITH THE MARYLAND RULES OF PROCEDURE FOR 
APPEALS FROM AN ADMINISTRATIVE AGENCY. 

P. RULES AND REGULATIONS. THE COMMISSIONER OF HEALTH OF 
BALTIMORE CITY MAY ADOPT AND PROMULGATE RULES AND REGULATIONS TO 
IMPLEMENT, ADMINISTER, AND ENFORCE THE PROVISIONS OF THIS 
SUBTITLE, INCLUDING, BUT NOT BY WAY OF LIMITATION, RULES AND 
REGULATIONS CONCERNING THE EXAMINATION OF HORSES, LICENSE FORMS, 
APPLICATION FORMS, CERTIFICATION FORMS, RECORDS CONCERNING 
ALCOHOL AND DRUG USE, REGISTRY OF RENTALS, IDENTIFICATION CARDS, 
USE OF A HORSE, WEATHER CONDITIONS, EQUIPMENT STANDARDS, STALL 
AND STABLE STANDARDS, CARE AND DISPOSITION OF SICK OR INJURED 
HORSES, DISPLAY OF LICENSES, STANDARDS FOR ISSUANCE OF LICENSES, 
AND WAIVERS UNDER SECTION M(6) APPEALS AND ADMINISTRATIVE HEARING 
PROCEDURES, AND THE ISSUANCE OF ORDERS BY THE COMMISSIONER. THE 
COMMISSIONER SHALL PROMULGATE INITIAL RULES AND REGULATIONS ON OR 
BEFORE MAY 1. 1989. 

Q. CITATIONS. ANY SPECIAL SANITARY ENFORCEMENT OFFICER, 
CERTIFIED UNDER SECTION 144 OF THIS ARTICLE, BY THE COMMISSIONER 
OF HEALTH OF BALTIMORE CITY, SHALL HAVE THE POWER TO ISSUE 
CITATIONS, WITHOUT NOTICE, IN ACCORDANCE WITH SECTION 144 ET SEQ. 
OF THIS ARTICLE, FOR VIOLATION OF ANY PROVISION OF THIS SUBTITLE 
OR ANY RULE OR REGULATION PROMULGATED HEREUNDER BY THE 
COMMISSIONER. 

R. PENALTIES. ANY PERSON VIOLATING ANY PROVISIONS OF THIS 
SUBTITLE, OR ANY RULE OR REGULATION PROMULGATED BY THE 
COMMISSIONER OF HEALTH OF BALTIMORE CITY, PURSUANT TO THIS 
SUBTITLE, SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON 
CONVICTION THEREOF SHALL PAY A FINE OF NOT LESS THAN $250.00 
$50.00 NOR MORE THAN $1,000.00, OR SHALL SERVE A TERM IN PRISON 
OF NOT MORE THAN TWELVE (12) MONTHS, OR SHALL BOTH PAY SUCH FINE 
AND SERVE SUCH PRISON TERM, IN THE DISCRETION OF THE COURT. IF A 
VIOLATION BE CONTINUING, EACH DAY ■ C DAY OF VIOLATION SHALL 
CONSTITUTE A SEPARATE VIOLATION. 

SEC. 2. AND BE IT FURTHER ORDAINED. That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the 
application thereof to any person or circumstances, is invalid, 
the remaining provisions and the application of such provisions 
to other persons or circumstances shall not be affected thereby, 
the Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance without the 

27 



Ord. No. 211 



word. Phrase, clause, sentence, paragraph, section or part, or 

the application thereof so held invalid. 

SEC. * 3. AND BE IT FURTHER ORDAINED, That this ordinance 

shall take effect on the 30th day after the date of its 

enactment-r . and that the provisions of this ordinance shall take 
effect on July 1. 1989 . 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 211 

(Council Bill No. 292) 

AN ORDINANCE concerning 

ZONING - AMENDMENT TO PLANNED 
UNIT DEVELOPMENT NORTH 
CHARLES HOCriTAL HOMEWOOD HOSPITAL CENTER. INC. 

FOR the purpose of approving the application of The North Chagleo 
Hogpital Homewood Hospital Center. Inc. to amend the 
Residential Planned Development approved by Ordinance No. 
767, approved December 6, 1974, and amended by Ordinance No. 
89, approved June 11, 1984 and to approve the amended 
Development Plan submitted by the applicant. 

BY authority of 

Article 30-Zoning 

Section 12.0-1 , 12.0 - 2 and 12.0 3 and 12.0-2 

Baltimore City Code (1983 Replacement Volume, as eunended) 

WHEREAS, Ordinance No. 767, approved December 6, 1974, 
enacted a Residential Planned Development in accordance with 
Section 12.0-1 of Article 30 of the Baltimore City Code (1966 
Edition) , as amended by Ordinance No. 1051, approved April 20, 
1971 and approved the Development Plan submitted by The North 
Charles Hospital concerning property owned by The North Charles 
Hospital and generally bounded by North Charles Street on the 
east, 27th Street on the south, Morton Street on the west, 28th 
Street on the north, and including the properties generally known 
as 2 609-2 621 North Charles Street on the east side of Charles 
Street and 2614-2628 North Charles Street on the west side of 
Charles Street; 

WHEREAS, Ordinance No. 89, approved June 11, 1984, approved 
an amendment to the Development Plan permitting the construction 
of a parking garage on a portion of the property within the 
Residential Planned Development; 



28 



Ord. No. 211 

WIIEREAC, Q portion of the property de9eribcd above io 
located in an R 2 office reoidencc coning district; 

WIIEREAC, The North ChQrlco Iloopital, oiaultancoualy 

herewith, — haa submitted an ordinance to anend the goning for the 

balance of the property from an R general reoidencc diotrict 

deaignation to an R 2 office residence diotrict designation; 

WHEREAS. Effect ive July 1. 1988. The North Charles Hospital 
changed its name to Homewood Hospital Center. Inc.: 

WHEREAS, The North Charles Hospital Homevood Hospital 
Center. Inc. wishes to amend the Development Plan approved by 
Ordinance No. 767 and amended by Ordinance No. 89 to permit the 
construction of €tft a medical office building on the property 
generally known as 2700 through 2712 North Charles Streetj. and to 
change the planned development from 

a Residential Planned Development to an Of f ice ■ Residential 
Planned Development; 

WHEREAS. Homewood Hospital Center. Inc. intends to commence 
construction of the medical office building in the earlv spring 
of 1989. with completion expected approximately fourteen to 
eighteen months thereafter: 

WHEREAS, On June 6, 1988, representatives of The North 
Charles Hospital Homewood Hospital Center. Inc. met with the 
Department of Planning to hold a pre-petition conference to 
explain the scope and nature of the proposed amendment to the 
Development Plan; 

WHEREAS, Together herewith. The North Charles Hospital 
Homewood Hospital Center. Inc. has made formal application to the 
City Council of Baltimore and has submitted an amendment to its 
Development Plan originally approved by Ordinance No. 767, as 
amended by Ordinance 89, and intended to satisfy the requirements 
specified in Sections 12.0-1 and 12. 3 12 .0-2 of the Baltimore 
City Code (1983 Replacement Volume, as amended) ; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of The North Charles Hospital 
Homewood Hospital Center. Inc. . as outlined in the amended 
Development Plan accompanying this Ordinance, to amend the 
Residential Planned Development approved by Ordinance No. 767, 
approved December 6, 1974 and amended by Ordinance No. 89, 
approved June 11, 1984, pursuant to Article 30, Sections 12.0-1 
and 12.0 - 3 12.0-2 of the Baltimore City Code (1983 Replacement 
Volume, as amended) j. and to redesignate the Residential Planned 
Development as an Office Residential Planned Development, be and 
it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the amended 
Development Plan submitted by The North Charles Hospital Homewood 
Hospital Center. Inc. prepared by Gould Architects, P.A. , rtnd 

29 



Ord. No. 212 



Whitney, Bailey, Cox, Magnani, and Cathe rine Mahan & Associates. 

consisting of Boundary Plan", — Exhibit 2 "Propooed Development 

Plan", Exhibit 3 "Architeetugal Drowingg", and Exhibit 4 — 

"Conatguctien Cehcdulo", caeh dated June 0, — 1000, Exhibit 1 - 
Existing Conditions and P.U.D. Boundary Plan, Exhibit 2 - 
Proposed Development Plan, Exhibit 3A - Charles Street Elevation 
(South Half) , Exhibit 3B - Charles Street Elevation (North Half) , 
Exhibit 3C - 27th Street Elevation, 3D - Morton Street Elevation, 
Exhibit 3E - North Elevation, Exhibit 4A - Basement Floor Plan, 
Exhibit 4B - First Floor Plan, Exhibit 4C - Second Floor Plan, 
Exhibit 4D - Third Floor Plan, Exhibit 4E - Fourth Floor Plan, 
Exhibit 4F -Fifth Floor Plan, Exhibit 4G - Sixth Floor Plan, 
Exhibit 4H - Seventh Floor Plan, Exhibit 41 - Penthouse Floor 
Plan, Exhibit 5A - Landscape Plan South, Exhibit 5B - Landscape 
Plan North, Exhibit 6A - Charles Street Landscape Elevation 
South, Exhibit 6B - Charles Street Landscape Elevation North, 
each dated as of October 12, 1988, attached hereto and made a 
part hereof, be and it is hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That upon passage of 
this Ordinance by the City Council, as evidence of the 
authenticity of the amended Development Plan which is a part 
hereof and in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the City 
Council shall sign the Amended Development Plan, and when the 
Mayor approves the Ordinance, he shall sign the amended 
Development Plan. The Director of Finance shall then transmit a 
copy of the Ordinance and the amended Development Plan to the 
Board of Municipal and Zoning Appeals, the Planning Commission, 
the Supervisor of Assessments for Baltimore City and the Zoning 
Administrator . 

SEC. 4. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the 30th day after the date of ito enaGtMcnt 
immediately. 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 212 

(Council Bill No. 322) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
5113-17 BELAIR ROAD AND 4210 CHESMONT AVENUE 

FOR the purpose of approving the application of Frankford 

Business Center Limited Partnership, owner of the property 
known as 5113-17 Belair Road and 4210 Chesmont Avenue, 

30 



Ord. No. 212 



consisting of 7.23 acres, more or less, as shovm on the plat 
accompanying this ordinance, and to have said property 
designated a Business Planned Unit Development in accordance 
with Sections 12.0-1 and 12.0-4 of Article 30 of the 
Baltimore City Code (1983 Replacement Volume, as amended) 
and to approve the development plan submitted by Frankford 
Business Center Limited Partnership subject to certain 
conditions . 

BY authority of 

Article 30 - Zoning 

Sections 12.0-1 and 12.0-4 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, On June 7, 1988, representatives of Frankford 
Business Center Limited Partnership met with the Director of 
Planning, the designated officer of the Planning Commission of 
Baltimore City, to hold a Pre-Petition Conference to explain the 
scope and nature of the proposed development on the property in 
order to institute proceedings to have said property designated a 
Business Planned Unit Development; and 

WHEREAS, Frankford Business Center Limited Partnership has 
made formal application to the City Council and submitted the 
requisite site/grading plan dated May 16, 1988 by APR Associates, 
Inc. ; exterior elevations of the existing building by Donald 
Ratcliffe A. I. A. and Associates, Architects; exterior elevations 
of proposed signage and new building by Zink Construction 
Corporation; Landscape Plan by Blair, Gates, Farrand, dated June 
24, 1988; Development Plan dated May 16, 1988 by APR Associates, 
Inc. , for a property to be a designated a Business Planned Unit 
Development; and a written statement of the changes sought and a 
description of the intended uses as specified by parcel number to 
satisfy the requirements specified by Sections 12.0-1 and 12.0-4 
of Article 3 of the Baltimore City Code (1983 Replacement 
Volume, as amended) ; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of Frankford Business Center 
Limited Partnership to designate the property located at 

5113-17 Belair Road and 4210 Chesmont Avenue consisting of 7.23 
acres more or less, as shown on the plat accompanying this 
ordinance, as a Business Planned Unit Development pursuant to 
Article 30, Sections 12.0-1 and 12.0-4 of the Baltimore City Code 
(1983 Replacement Volume, as amended) , be and it is hereby 
approved . 

SEC. 2. AND BE IT FURTHER ORDAINED, That the development 
plan submitted by Frankford Business Center Limited Partnership 
be and is hereby approved by the City Council of Baltimore and is 
hereby made a part hereof. 

SEC. 3. AND BE IT FURTHER ORDAINED. That this approval is 
subject to the following conditions: 



31 



Ord. No. 213 



(1) That no retail automobile sales shall take place on 
the premises, and 

(2) That non-emplovees shall be permitted on the 
property only when accompanied bv an employee of the dealership. 

SEC. 4. AND BE IT FURTHER ORDAINED, That subsequent to the 
passage of this ordinance by the City Council, all changes in the 
approved development plan for the development of the property 
shall be reviewed and approved by the Planning Commission to 
ensure such changes are consistent with this ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the Development Plan which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the City 
Council shall sign the Development Plan, and when the Mayor 
approves the ordinance, he shall sign the Development Plan. The 
Director of Finance shall then transmit a copy of the ordinance 
and the Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Supervisor of Assessments 
for Baltimore City and the Zoning Administrator. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 3 0th day after the date of its 
enactment. 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE MO. 213 



(Council Bill NO. 342) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE PARKING LOT - 
EAGER, GTERLING STIRLING AND AISQUITH STREETS 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of an open off-street parking area 
on the property bounded by Eager, Aisquith and Dterling 
Stirling Streets known as 1100-1104 E. Eager Street, 1000- 
1024 Aisquith Street, and 1001, 1003, 1009-1015 Ctcgling 
Stirling Street , also known as 1001 Stirling Street as 
outlined in red on the plats accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 4.8. Id and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

32 



Ord. No. 214 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street 
parking area on the property bounded by Eager, Aisquith and 
Cterling Stirling Streets known as 1100-1104 E. Eager, 1000-1024 
Aisquith Street, and 1001, 1003, 1009-1015 Cterling Stirling 
Street , also known as 1001 Stirling Street as outlined in red on 
the plats accompanying this ordinance, under the provisions of 
Sections 4.8-ld and 11.0-6d of Article 30 of the Baltimore City 
Code (1983 Replacement Volume, as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 214 

(Council Bill No. 344) 

AN ORDINANCE concerning 

REZONING - 2307-2311 McCULLOH STREET 

FOR the purpose of changing the zoning for the properties known 
as 2307-2311 McCulloh Street from the B-2-3 Zoning District 
to the B-3-3 Zoning District, as outlined in red on the plat 
accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 44 
Article 30 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 44 of the Zoning District Maps of 

33 



Ord. No. 215 



Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) title "Zoning" be and it is hereby amended by 
changing from the B-2-3 Zoning District to the B-3-3 Zoning 
District the properties knovm as 2 3 07-2311 McCulloh Street as 
outlined in red on the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINAKCE NO. 215 

(Council Bill No. 345) 

AN ORDINANCE concerning 

REZONING - 81-89 MOSHER STREET 

FOR the purpose of changing the zoning for the properties known 

as 81-89 Mosher Street from the M-1-2 Zoning District to the 
ORD O-R-2 Zoning District, as outlined in red on the 
amended plat accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 4 5 
Article 3 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 45 of the Zoning District Maps of 
Article 30 of the Baltimore City Code (198 3 Replacement Volume, 
as amended) title "Zoning" be and it is hereby amended by 
changing from the M-1-2 Zoning District to the R 3 O-R-2 Zoning 
District the properties known as 81-89 Mosher Street as outlined 
in red on the amended plat accompanying this ordinance. 

34 



J 



Ord. No. 216 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 216 

(Council Bill No. 365) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 1229 S. CHARLES STREET 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of housing for the elderly on the 
property known as 1229 S. Charles Street, as outlined in red 
on plats accompanying this ordinance. 

BY Authority 

Article 30-Zoning 

Sections 4.8-ld-5 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of housing for the 
elderly on the property known as 1229 S. Charles Street, as 
outlined in red on the plats accompanying this ordinance, under 
the provisions of Sections 4.8-ld-5 and 11.0-6d of Article 30 of 
the Baltimore City Code (1983 Replacement Volume, as amended) 
titled "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 

35 



Ord. No. 217 



give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 217 

(Council Bill No. 368) 

AN ORDINANCE concerning 

URBAN RENEWAL- FELLS POINT 

AMENDMENT NO. 14 

FOR the purpose of amending the Urban Renewal Plan for Fells 
Point to, among other things, provide that 932-944 Fell 
Street will have a 74 foot height limit if recessed 40 feet 
from street frontage of the property; revise, add or 
eliminate certain Appendices and Exhibits attached to the 
Urban Renewal Plan to reflect the changes provided herein; 
waive such requirements, if any, as to content or procedure 
for the preparation, adoption, and approval of renewal plans 
as set forth in Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended) which the Renewal Plan for 
Fells Point may not meet; provide for the separability of 
the various parts and applications of this ordinance; and 
provide that where the provisions of this ordinance shall 
conflict with any other ordinance in force in the City of 
Baltimore, the provision which establishes the higher 
standard shall prevail. 

WHEREAS, An Urban Renewal Plan for Fells Point was first 
approved by the Mayor and City Council of Baltimore by Ordinance 
No. 999, dated October 14, 1975, and amended by Resolution of the 
Board of Estimates on September 28, 1977, Ordinance No. 1041, 
dated June 4, 1979, Resolution of the Board of Estimates on July 
26, 1978, Ordinance No. 412, dated July 2, 1981, Ordinance No. 
639, dated May 13, 1982, Ordinance No. 648, dated May 24, 1982, 

36 



Ord. No. 217 



Ordinance No. 903, dated March 1 , 1983, Resolution of the Board 
of Estimates on October 5, 1983, Resolution of the Board of 
Estimates on March 14, 1984, Ordinance No. 261, dated December 
20, 1984, and Ordinance 965, dated June 12, 1987 and Ordinance 
1147, dated December 4, 1987; and 

WHEREAS, Pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended) , no substantial change or 
changes shall be made in any renewal plan, after approval by 
ordinance, without such change or changes first being adopted and 
approved in the same manner as set forth in said Article 13 for 
the approval. of a renewal plan, namely approval and adoption by 
an ordinance of the Mayor and City Council of Baltimore after a 
public hearing in relation thereto, all in the manner set forth 
in Article 13; and 

WHEREAS, In accordance with the provisions of Section 25(h) 
of said Article 13, when a Council Member initiates an amendment 
to an existing renewal plan, such bill shall be sent to the 
Department of Housing and Community Development and to the 
Planning Commission for recommendation and report; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the following amendments and changes to the 
Renewal Plan for Fells Point, having been duly reviewed and 
considered, is hereby approved, and the Clerk of the City Council 
is hereby directed to file a copy of said amended Renewal Plan, 
revised to include Amendment No. 14, dated September 19, 1988, 
with the Department of Legislative Reference as a permanent 
public record and make the same available for public inspection 
and information: 

1. In the Table of Contents, after Appendix C add: 

"revised October 3, 1988". 

2. On page 25 Appendix C. Waterfront Area Controls in 
the Section labeled Height Limitations Area 4, delete 
the period and add: 

"and a further exception is pgovcd provided for the 
property known as 932-944 Fell Street (Belt's Wharf 
Condominium Property) and q further exeeption is 
provided for the property known ao 032 - 44 Fell GtrcGt 
for a building addition up to a maximum €e of 74 feet 
if recessed 40 feet from the street frontage of the 
property . " 

3. On page 26 add revised date: 

"October 3, 1988". 

SEC. 2. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said amended Renewal Plan approved hereby 
may not meet the requirements as to the content of a renewal plan 
or the procedures for the preparation, adoption, and approval of 

37 



Ord. No. 218 



renewal plans, as provided in Article 13 of the Baltimore City 
Code (1983 Replacement Volume, as amended) , the said requirements 
are hereby waived and the amended Renewal Plan approved hereby is 
exempted therefrom. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the 
application thereof to any person or circumstances, is invalid, 
the remaining provisions and the application of such provisions 
to other persons or circumstances shall not be affected thereby, 
the Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, or 
the application thereof so held invalid. 

SEC. 4 AND BE IT FURTHER ORDAINED, That in any case where a 
provision of this ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, 
plumbing, health, fire or safety ordinance or code or regulation, 
the applicable provisions concerned shall be construed so as to 
give effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision which 
establishes the higher standard for the promotion of the public 
health and safety shall prevail. In any case where a provision 
of this ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard for 
the promotion and protection. of the public health and safety, the 
provisions of this ordinance shall prevail, and the other 
existing provision of such other ordinance or code or regulation 
is hereby repealed to the extent that it may be found in conflict 
with this ordinance. 

SEC. 5 AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE MO. 218 

(Council Bill Mo. 378) 

AN ORDINANCE concerning 

RETAIL BUSINESS DISTRICT - FEDERAL HILL MARKET PLACE 

FOR the purpose of providing that the geographical area located 
within certain described boundaries shall be the Federal 



38 



Ord. No. 218 

Hill Market Place Business District and providing a fee 
calculation method for the District. 

BY adding 

Article 15 - Licenses 

Subtitle - Retail Business District 

Section 121(h) 

Baltimore City Code' (1983 Replacement Volume, as amended) 

WHEREAS, The business owners whose businesses are located 
within the Federal Hill Market Place Business District, as set 
forth herein, desire a Retail Business District to be established 
in their area; and 

WHEREAS, The business owners shall, upon adoption of this 
ordinance, organize themselves as an incorporated business 
association for the purposes of promoting the Commercial 
Revitalization interest and general improvement of the Federal 
Hill Market Place Business District consistent with the 
provisions of this ordinance; and 

WHEREAS, Federal Hill Market Place is a designated 
Commercial Revitalization project area, under Ordinance No. 930, 
approved July 24, 1975, .and was formerly known as South 
Baltimore; and 

WHEREAS, THe Sixth Councilmanic District Representatives and 
the Commissioner of Housing and Community Development, at the 
request of the business owners of the Federal Hill Market Place 
Business District, have recommended and requested the 
establishment of a Retail Business District for the Federal Hill 
Market Place Business Area; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

Retail Business Districts 

121. Designated Retail Business Districts. 

(H) FEDERAL HILL MARKET PLACE BUSINESS DISTRICT. 

(1) THE AREA LOCATED WITHIN THE BOUNDARIES SET FORTH IN 
THIS SUBSECTION IS HEREBY DECLARED TO BE A RETAIL BUSINESS 
DISTRICT AND MAY BE REFERRED TO AS FEDERAL HILL MARKET PLACE 
BUSINESS DISTRICT: 

BEGINNING FOR THE SAME AT THE POINT FORMED BY THE 
INTERSECTING CENTER LINES OF S. LIGHT STREET AND E. MONTGOMERY 
STREET; THENCE RUNNING EASTERLY 92 FEET ± ALONG THE CENTER LINE 

39 



Ord. No. 218 



OF E. MONTGOMERY STREET; THENCE RUNNING SOUTHERLY 92 FEET ±; 
THENCE RUNNING EASTERLY 15 FEET ±; THENCE RUNNING SOUTHERLY 22 
FEET ±; THENCE RUNNING EASTERLY 47 FEET ±; THENCE RUNNING 
SOUTHERLY 80 FEET ± TO THE CENTER LINE OF E. CHURCHILL STREET; 
THENCE RUNNING WESTERLY 58 FEET ± TO THE CENTER LINE OF THE 3 
FOOT ALLEY AS EXTENDED; THENCE RUNNING SOUTHERLY 46 FEET ±; 
THENCE RUNNING EASTERLY 1 FOOT 6 INCHES ±; THENCE RUNNING 
SOUTHERLY 15 FEET ±; THENCE RUNNING EASTERLY 3 3 FEET ±; THENCE 
RUNNING SOUTHERLY 3 FEET ±; THENCE RUNNING WESTERLY 3 3 FEET ±; 
THENCE RUNNING SOUTHERLY 102 FEET ± TO THE CENTER LINE OF WARREN 
AVENUE; THENCE RUNNING WESTERLY 50 FEET ±; THENCE RUNNING 
SOUTHERLY 124 FEET ± TO THE CENTER LINE OF E. WHEELING STREET; 
THENCE RUNNING EASTERLY 54 FEET ±; THENCE RUNNING SOUTHERLY 32 
FEET ±; THENCE RUNNING EASTERLY 2 FEET ± TO THE CENTER LINE OF 
THE 4 FOOT ALLEY; THENCE RUNNING SOUTHERLY 70 FEET ± TO THE 
CENTER LINE OF E. HAMBURG STREET; THENCE RUNNING EASTERLY 10 FEET 
± TO THE CENTER LINE OF VANHORNS COURT AS EXTENDED; THENCE 
RUNNING SOUTHERLY 2 60 FEET ±; THENCE RUNNING EASTERLY 54 FEET ±; 
THENCE RUNNING SOUTHERLY 31 FEET ±; THENCE RUNNING WESTERLY 40 
FEET ±; THENCE RUNNING SOUTHERLY 15 FEET ±; THENCE RUNNING 
WESTERLY 124 FEET ± TO THE CENTER LINE OF S. LIGHT STREET; THENCE 
RUNNING SOUTHERLY 120 FEET ± TO THE CENTER LINE OF E. CROSS 
STREET; THENCE RUNNING EASTERLY 314 FEET ±; THENCE RUNNING 
SOUTHERLY 77 FEET ±; THENCE RUNNING WESTERLY 4 3 FEET ±; THENCE 
RUNNING SOUTHERLY 29 FEET ±1 THENCE RUNNING WESTERLY 29 FEET ±; 
THENCE RUNNING SOUTHERLY 3 FEET ±; THENCE RU>fNING COUTHERLY 30 
FEET l ; THENCE RUNNING EASTERLY 47 FEET ±; THENCE RUNNING 
SOUTHERLY 96 FEET ± TO THE CENTER LINE OF WEBER STREET; THENCE 
RUNNING WESTERLY 176 FEET ±; THENCE RUNNING SOUTHERLY 53 FEET ±; 
THENCE RUNNING WESTERLY 3 FEET ±; THENCE RUNNING SOUTHERLY 102 
FEET ± TO THE CENTER LINE OF E. WEST STREET; THENCE RUNNING 
EASTERLY 152 FEET ± TO THE CENTER LINE OF WALL STREET; THENCE 
RUNNING SOUTHERLY 480 FEET ± TO THE CENTER LINE OF E. OSTEND 
STREET; THENCE RUNNING WESTERLY 958 FEET ± OR TO A POINT 230 FEET 
± EASTERLY FROM THE CENTER LINE OF S. HANOVER STREET; THENCE 
RUNNING NORTHERLY 104 FEET ±; THENCE RUNNING WESTERLY 63 FEET TO 
THE CENTER LINE OF GOODMAN ALLEY; THENCE RUNNING NORTHERLY 125 
FEET ± TO THE CENTER LINE OF ROPEWALK LANE; THENCE RUNNING 
EASTERLY 50 FEET ± TO THE CENTER LINE OF GOODMAN ALLEY; THENCE 
RUNNING NORTHERLY 130 FEET ± TO THE CENTER LINE OF W. WEST 
STREET; THENCE RUNNING EASTERLY 15 FEET ±; THENCE RUNNING 
NORTHERLY 73 FEET ±; THENCE RUNNING EASTERLY 4 FEET ±; THENCE 
RUNNING NORTHERLY 19 FEET ±; THENCE RUNNING WESTERLY 100 FEET ±; 
TO THE CENTER LINE OF OLIVE STREET; THENCE RUNNING NORTHERLY 124 
FEET ±; THENCE RUNNING EASTERLY 23 FEET ± TO THE CENTER LINE OF 
OLIVE STREET; THENCE RUNNING NORTHERLY 577 FEET ± TO THE CENTER 
LINE OF HAMBURG STREET; THENCE RUNNING WESTERLY 40 FEET +=; 
THENCE RUNNING NORTHERLY 86 FEET ±; THENCE RUNNING EASTERLY 5 
FEET ± TO THE CENTER LINE OF OLIVE STREET; THENCE RUNNING 
NORTHERLY 160 FEET ± TO THE CENTER LINE OF W. WHEELING STREET; 
THENCE RUNNING EASTERLY 103 FEET ±; THENCE RUNNING NORTHERLY 160 
FEET ± TO THE CENTER LINE OF W. HENRIETTA STREET; THENCE RUNNING 
WESTERLY 17 FEET ±; THENCE RUNNING NORTHERLY 94 FEET ±; THENCE 



40 



Ord. No. 21^ 

THE CENTER LINE OF W. CHURCHILL STREET; THENCE RUIQJINC EAGTERLY 
30 FEET l; THENCE RlUfNING NORTHERLY 172 FEET ± TO THE CENTER LINE 
OF W. MONTGOMERY STREET; THENCE RUN>fING EAGTERLY TO THE POINT OF 
DEGimilNG. THENCE RUNNING WESTERLY '4 FEET +: THENCE RUNNING 
NORTHERLY 48 FEET + : THENCE RUNNING WESTERLY 112 FEET + TO 
INTERSECT THE CENTERLINE OF S. HANOVER STREET: THENCE RUNNING 
NORTHERLY 12 5 FEET + TO INTERSECT THE CENTERLINE OF W. MONTGOMERY 
STREET; THENCE RUNNING EASTERLY 335 FEET + TO INTERSECT THE 
CENTERLINE OF S. CHARLES STREET; THENCE RUNNING SOUTHERLY 168 
FEET + TO INTERSECT THE CENTERLINE OF E. CHURCHILL STREET; THENCE 
RUNNING EASTERLY 3 95 -^; THENCE RUNNING NORTHERLY 165 FEET -H TO 
INTERSECT THE CENTERLINE OF E. MONTGOMERY STREET; THENCE RUNNING 
EASTERLY TO THE POINT OF BEGINNING 

(2) CALCULATION OF FEE. 

THE FEE FOR THE FEDERAL HILL MARKET PLACE BUSINESS 
DISTRICT LICENSE SHALL BE BASED UPON THE TOTAL NUMBER OF SQUARE 
FEET OF FIRST FLOOR SPACE FOR EACH BUSINESS ESTABLISHMENT 
OCCUPIED FOR RETAIL, SERVICE, RENTAL OR PROFESSIONAL SERVICES 
RENDERED BY THAT ESTABLISHMENT WHETHER THE PREMISES ARE OWNED, 
LEASED OR OTHERWISE HELD BY SUCH BUSINESS ESTABLISHMENT. PARKING 
LOTS AND WAREHOUSES ARE EXEMPT FROM PAYMENT OF ANY FEE, PROVIDED, 
HOWEVER, THAT STORAGE SPACE INCIDENTAL TO A BUSINESS 
ESTABLISHMENT'S PRIMARY BUSINESS IS NOT EXEMPT HEREUNDER FOR 
PURPOSES OF CALCULATION AND PAYMENT OF THIS LICENSE FEE. THE 
FEDERAL HILL MARKET PLACE BUSINESS DISTRICT FEE SHALL BE 
CALCULATED BY MULTIPLYING THE NUMBER OF SQUARE FEET OF LICENSABLE 
SPACE, AS SPECIFIED ABOVE, FOR EACH BUSINESS ESTABLISHMENT, BY A 
RATE OF FIFTEEN CENTS PER SQUARE FOOT, WITH A MAXIMUM FEE OF 
$450.00, EXCEPT THE CROSS STREET MARKET SHALL BE BILLED AS THE 
CROSS STREET MARKET ASSOCIATION WITH A FLAT FEE OF $2,625.00. 

(3) MERCHANT'S ASSOCIATION. 

VOTING ON THE ANNUAL BUDGET SHALL BE BY A MAJORITY VOTE 
OF THE LICENSEES VOTING IN PERSON OR BY PROXY AT A MEETING CALLED 
BY THE FEDERAL HILL MARKET PLACE BUSINESS ASSOCIATION FOR THAT 
PURPOSE. EACH LlCEiTSEE SHALL HAVE (1) VOTE PER SQUARE FOOT OF 
LICENSABLE SPACE AND ,'0 VOTE SHALL CARRY EXCEPT BY A MAJORITY OF 
VOTES CAST. ALL OTHER VOTING SHALL BE BY (1) PER LICENSED 
BUSINESS ESTABLISHMENT. 

SEC. 2. AND BE IT FURTHER ORDAINED, That for the purpose of 
the Retail Business District specified in Section 121(h), the 
initial licensing period shall begin January 1, 1989. Subsequent 
licensing periods shall begin January 1, of each year, with bills 
due and payable 30 days from the date of billing. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 

41 



Ord. No. 219 

CITY OF BALTIMORE 

ORDINANCE NO. 219 

(Council Bill No. 384) 

AN ORDINANCE concerning 

STREET ENCROACHMENT 
EUTAW STREET SOUTH OF LOMBARD STREET 

FOR the purpose of authorizing the construction and maintenance 
of foundations and footings projecting approximately 4 1/2 
feet into the public right-of-way on the west side of Eutaw 
Street south of Lombard Street. 

BY authority 

Article 32 - Building Code 

Sections 507.1 

Baltimore City Building Code (1987 Edition, as aunended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the provisions of Section 507.1, entitled 
"Subsurface structures", of Article 32 of the Baltimore City 
Building Code (1987 Edition, as amended) , said Article being 
known generally as the Building Code of Baltimore City, be and 
they are hereby waived in order to permit the construction and 
maintenance, at the cost and expense of the property owner, of 
permanent foundations and footings to support portions of the 
improvements to be constructed on the property bounded by the 
Eutaw, Lombard, Pratt and Paca Streets, which projecting 
foundations and footings are to be constructed along the boundary 
line of said property along the west side of Eutaw Street, south 
of Lombard Street and to project within said right of way a 
maximum of 4.5 feet. Such construction is necessary for the 
efficient utilization of the total area of the site, said site 
being more particularly described in the plans prepared by 
Cochran, Stephenson & Donkervoet for Pratt Street Hotel Limited 
Partnership, filed with the Department of Housing and Community 
Development, said project to be known as The Marriott Hotel. 
These maximum projections shall apply only to the subsurface 
foundations and footings and not to the walls supported by 
foundations and footings. The bottom of such projecting 
foundations and footings shall not be lower than Elevation -29.50 
feet and the top of such projecting foundations and footings 
shall be at a depth not less than 14.33 feet below the final 
exterior grade level of the sidewalks in said rights of way. In 
any other respects construction of such foundations and footings 
and the use of the structure shall be in compliance with all 
other pertinent ordinances, all rules and regulations of the 
Mayor and City Council and the requirements of the Department of 
Public Works. The aforementioned foundations and footings shall 
be installed, constructed, operated and maintained substantially 
in accordance with the plan and design as shown on drawings 

42 



Ord. No. 220 



entitled "Baltimore Marriott, Inner Harbor", Drawing 20.00 dated 
August 2, 1988, Drawing 60.01 dated July 8, 1988 and revised July 
26, 1988 and Chart Numbered FP-1 dated September 2, 1988, which 
in all respects are hereby made a part of this ordinance, by 
reference hereto. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE MO. 220 

(Council Bill Mo. 399) 

AN ORDINANCE concerning 

STREET ENCROACHMENT 
SCOTT STREET 

FOR the purpose of authorizing the construction and maintenance 
of steps projecting from the properties on the west side of 
the 200 block of Scott Street. 

BY authority 

Article 32 - Building Code 

Sections 507.2 

Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the construction and maintenance of fifteen (15) 
sets of exterior steps are hereby authorized at the following 
locations: 200, 202, 204, 206, 208, 210, 212, 214, 21.6, 218, 
220, 222, 224, 226, and 228 Scott Street. The masonry steps 
shall be 4 feet long and shall project varying distances into the 
public right-of-way but not more than 6 feet. 

Except as specifically provided in this ordinance, all 
ordinances and all rules and regulations of the Mayor and City 
Council of Baltimore shall be complied within the construction 
and maintenance of these steps. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



43 



Ord. No. 221 

CITY OF BALTIMORE 

ORDINANCE NO. 221 

(Council Bill No. 414) 

AN Ordinance concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION - 
MAYORALTY RELATED COORDINATING COUNCIL ON CRIMINAL JUSTICE 

FOR the purpose of providing a supplementary special fund 
operating appropriation in the amount of Ninety Three 
Thousand Three Hundred Twenty Five Dollars ($93,325) to the 
Mayor's Coordinating Council on Criminal Justice (Program 
224) to provide additional operating funds for the Domestic 
Violence Program activities. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, THe money appropriated represents a special fund 
unappropriated surplus (Marriage License Fees) which could not be 
expected with reasonable certainty at the time of the formulation 
of the proposed Ordinance of Estimates for the fiscal year ending 
June 30, 1989 in accordance with Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision, as amended) ; and 

WHEREAS, This supplementary special fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
2nd day of November, 1988, all in accordance with Article VI, 
Section 2 (h) (3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 2 

(h) (3) of the 1964 Revision of the Charter of Baltimore City, the 
sum of Ninety Three Thousand Three Hundred Twenty Five Dollars 

($93,325) shall be made available to the Mayor's Coordinating 
Council on Criminal Justice (Program 224) of the City of 
Baltimore as a supplementary special fund operating appropriation 
for the fiscal year ending June 30, 1989 to provided additional 
operating funds for the Domestic Violence Program activities. 
The amount thus made available as a supplementary special fund 
operating appropriation shall be expended from a special fund 
unappropriated surplus (Marriage License Fee) which could not be 
expected with reasonable certainty at the time of formulation of 
the fiscal 1989 Ordinance of Estimates, and said funds shall be 
the source of revenue for this supplementary special fund 
operating appropriation, as required by Article VI, Section 



44 



Ord. No. 222 



2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 222 

(Council Bill No. 391) 

AN ORDINANCE concerning 

REZONING - 806 CARROLL STREET 

FOR the purpose of changing the zoning of a portion of the 

property known as 806 Carroll Street from the B-2-3-P Zoning 
District to the R-9 Zoning District, as outlined in red on 
the plat accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 65 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 65 of the Zoning District Maps of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) title "Zoning" be and it is hereby amended by 
changing the zoning of a portion of the property known as 806 
Carroll Street from the B-2-3-P Zoning District to the R-9 Zoning 
District, as outlined in red on the plat accompanying this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 



45 



Ord. No. 223 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 15, 1988 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE MO. 223 

(Council Bill No. 304) 

AN ORDINANCE concerning 

BUILDINGS - SANITARY MAINTENANCE AH© 
REPAIR REQUIREMENTS 

FOR the purpose of providing a comprehensive enactment of the 
various city sanitary maintenance and repair requirements 
for buildings and premises in order to increase the 
efficiency and uniformity of Code enforcement by citation^ 
and providing for issuance of prepayable citations without 
notice under certain circumstances . 

By repealing and reordaining with amendments 

Article 32 - Building Code 

Section 104.3 

Baltimore City Building Code ( 1Q05 1987 Edition, as amended) 
By adding 

Article 32 - Building Code 

Section 104.4, 104.5, and 10 4 .6 117.3.1 

Baltimore City Building Code ( 1005 1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Building Code 
( 1003 RGplQGcwGnt Volume 1987 Edition , as amended) be added, 
repealed, or amended to read as follows: 

Article 32 - Building Code 

Section 104.0 Repairs and Maintenance 

104.3 Minimum maintenance standards for good repair: 

[1. Responsibilities of owners and agents.] 

1. [a.] All exterior portions of a building which are 
painted in normal practice or which require 
painting to preserve, protect or renovate the 
surface shall be painted. All such portions 
shall be cleaned and freed of flaking, loose 
or defective surfacing materials prior to 
painting. 



46 



Ord. No. 223 



2. [b. ] Roofing shall be provided to prevent the 

entrance of moisture and shall be maintained 
by renewal, repair, waterproofing or other 
suitable means. 

3. [c] Gutters and downspouts shall be provided to 

properly collect, conduct and discharge the 
water from the roof. 

4. [d. ] Every foundation, wall, floor, ceiling, 

window, door and hatchway shall be maintained 
so as to be structurally sound and vermin 
proof; and in addition, every wall, window, 
door and hatchway shall be maintained so as 
to be weatherproof and waterproof. 

5. [e.] Every stairway, including inside stairs and 

rails, porches and appurtenances thereto 
shall be kept in sound condition and good 
repair. 

[f. Exterior property areas of all premises, 
including abutting sidewalks, gutters and 
alleys, shall be kept free from high grass 
and weeds, litter, as defined by Article 11- 
Health, of the Baltimore City Code, trash and 
debris, abandoned, unlicensed or derelict 
motor vehicles, and any object, material or 
condition which is a health, accident or fire 
hazard, or a public nuisance. Grass and 
weeds shall be kept below 8 inches. All 
objects and materials shall be stored in a 
neat and orderly fashion, and elevated 1 foot 
off the ground to prevent rat harborage.] 

6. [g.] All sheds, barns, garages, fences and other 

structures shall be maintained in good 
repair, free from health, accident or fire 
hazards, or they shall be removed from the 
premises. 

7. [h.] Every facility, piece of equipment or utility 

which is required under this code shall be so 
constructed or installed as to function 
safely and effectively and shall be 
maintained in good working condition. 

8. [i.] Ceiling Ceilings , walls and floors shall be 

maintained free of holes, large cracks or 
loose and deteriorated material so that parts 
which become defective do not constitute a 
hazard to the occupants nor a harborage for 
insects or vermin. Loose or defective 
sections shall be removed and replaced so 

47 



Ord. No. 223 



that the joint between the repaired and the 
sound material is made flush and smooth. 
Split, splintered or badly worn material 
shall be replaced. 

9. [j.] Toilet facilities: Every building, or 

portion thereof, used if or nonresidential 
purposes shall contain a sufficient number of 
toilet facilities to comply with the 
occupancy requirements of this code-s- 
Ccpagatc fQcilitico shall be provided fog 
each acx and they shall be located in rooms 
which afford privacy. Where recruired. 
separate facilities shall be provided for 
each sex. Each toilet room shall contain at 
least one water closet and lavatory basin. 
The floor of such room shall be made 
impervious to water to prevent structural 
deterioration and insanitary conditions. 

10. [k. ] Fireproof ing: All required fireproofing such 

as the separation between non-residential and 
dwelling occupancies shall be provided and 
maintained in good repair. All fire doors 
shall be maintained in an openable condition 
and shall be equipped with approved self 
closing devices and all required hardware, 
including hinges, knobs and latching 
mechanisms. 

11. [1.] Rat proofing: All buildings shall be rat 
proofed and maintained in a rat proof condition by 
the owner or agent. Such rat proofing shall 
include, but is not limited to the following: 

Prevention of entrance by blocking off or 
stopping up with rat - impervious material all 
passages by which rats may secure entry from the 
exterior with rat iapegviouo material . 

Prevention of interior infestation by rat 
stoppage, harborage removal, the paving of 
basements, cellars and any other areas which are 
in contact with the soil, and such cleanliness as 
may be necessary to eliminate rat breeding places. 

[2. Responsibilities of occupants. 

a. Sanitary maintenance: All parts of the 

premises under the control of the occupant 
shall be kept clean and free of high grass 
and weeds and from any accumulation of 



48 



Ord. No. 223 



litter, dirt, filth, rubbish, garbage or 
similar matter. An occupant of any single- 
use premises shall be responsible for the 
sanitary maintenance of and removal of 
litter, as defined by Article 11 - Health, of 
the Baltimore City Code, from exterior 
property areas, including abutting sidewalks, 
gutters and alley. Otherwise, an occupant 
who has control over exterior property areas 
may be held responsible for their sanitary 
maintenance and litter control jointly and 
severally with the owner. The occupant shall 
be responsible for the elimination of any 
insects, rats or other pests in the portion 
of the premises subject to his control. 

b. Garbage, rubbish and ashes: The occupant of 
every non-residential building or portion thereof shall provide 
and use sufficient receptacles to contain all garbage, rubbish 
and ashes between days of collection. Receptacles shall be made 
of metal or other heavy-gauge material approved by the building 
official, watertight and provided with handles and tight covers. 
All such receptacles shall be maintained at all times in good 
order and repair.] 

12. [3.] Quality of materials and workmanship[ . ] : 

Material used in making any repairs shall be 
quality suitable for the purpose and of a kind 
normally used by a good mechanic to accomplish a 
repair. Such repair shall be accomplished in a 
workmanlike manner and according to the accepted 
standards of the trade. 

104.4 SANITARY MAINTENANCE: ALL LOTS, BUILDINGS AND 
PREMISES, INCLUDING ABUTTING SIDEWALKS, GUTTERS, AND 
ALLEYS, SHALL BE MAINTAINED IN A CLEAN AND SANITARY 
CONDITION. 

1. A CLEAN AND SANITARY EXTERIOR CONDITION SHALL 
INCLUDE BUT IS NOT LIMITED TO THE FOLLOWING STANDARDS 
• AND REQUIREMENTS : 

A. PREMISES SHALL BE KEPT FREE FROM ANY 
ACCUMULATION OF TRASH AND DEBRIS, GARBAGE, ANIMAL WASTE 
OR SIMILAR MATTER. 

B. PREMISES SHALL BE KEPT FREE FROM AND 
EFFECTIVELY PROTECTED AGAINST INFESTATION BY RODENTS, 
VERMIN, INSECTS, OR OTHER PESTS. 

C. THE HEIGHT OF GRASS AND WEEDS SHALL BE 
KEPT BELOW 8 INCHES AND SHRUBS SHALL BE KEPT TRIMMED SO 
AS NOT TO ENCROACH UPON ADJACENT PROPERTY. 

49 



Ord. No. 223 



D. PREMISES SHALL BE KEPT FREE FROM 
UNLICENSED OR DERELICT MOTOR VEHICLES, EXCEPT WHERE 
STORED UNDER A VALID USE PERMIT IN A BUSINESS OR 
INDUSTRIAL ZONING DISTRICT . 

"UNLICENSED MOTOR VEHICLE" MEANS AN UNREGISTERED 
MOTOR VEHICLE OR A VEHICLE ON WHICH CURRENT TAGS ARE NOT 
DISPLAYED. 

"DERELICT MOTOR VEHICLE" MEANS A VEHICLE EXHIBITING 
A DEFECT, DAMAGE, OR DETERIORATION SUFFICIENT TO 
PRECLUDE PROPER OPERATION UPON THE HIGHWAY. 

E. PREMISES SHALL BE KEPT FREE FROM ANY 
OBJECT, MATERIAL OR CONDITION WHICH CONSTITUTES A 
NUISANCE OR A HEALTH, ACCIDENT, OR FIRE HAZARD. 

F. OUTDOOR MAINTENANCE AND STORAGE OF 
PERMITTED OBJECTS AND MATERIALS SHALL BE IN A NEAT AND 
ORDERLY FASHION, AND SUCH OBJECTS AND MATERIALS SHALL BE 
ELEVATED ONE FOOT OFF THE GROUND TO PREVENT RAT 
HARBORAGE, EXCEPT WHERE THE COMMISSIONER DETERMINES THAT 
ELEVATION IS UNNECESSARY FOR SUCH PURPOSE. 

G. DISCARDED OR ABANDONED ARTICLES OF SUCH 
BULK AS TO PRECLUDE DISPOSAL IN REQUIRED RECEPTACLES 
SHALL BE CONVEYED TO AN APPROPRIATE MUNICIPAL OR 
APPROVED PRIVATE DISPOSAL AREA. 

H. NO GARBAGE, TRASH, DEBRIS, OR OTHER 
OFFENSIVE OR DISCARDED OBJECTS OR MATERIAL SHALL BE 
DEPOSITED ON SIDEWALKS, ALLEYS, STREETS, OR LOTS 
ADJACENT TO THE PREMISES. 

I. GARBAGE, TRASH AND DEBRIS: 

(1) THERE SHALL BE PROVIDED IN A LOCATION 
ACCESSIBLE TO THE OCCUPANTS, EITHER 
INSIDE THE BUILDING OR CONTIGUOUS 
THERETO, A SUFFICIENT NUMBER OF STORAGE 
RECEPTACLES INTO WHICH GARBAGE, TRASH, 
AND DEBRIS FROM THE INDIVIDUAL UNITS 
SHALL BE EMPTIED AND STORED BETWEEN DAYS 
OF COLLECTION. 

(2) STORAGE RECEPTACLES SHALL BE MADE OF 
METAL, OR OTHER DURABLE MATERIAL IF 
APPROVED BY THE COMMICCIONER BUILDING 
OFFICIAL, AND SHALL BE WATER-TIGHT WITH 
TIGHT-FITTING COVERS TO CONTROL ODOR AND 
PREVENT ANIMAL ACCESS. 

(3) STORAGE RECEPTACLES SHALL BE 
MAINTAINED AT ALL TIMES IN GOOD REPAIR 

50 



i 



Ord. No. 223 



AND KEPT TIGHTLY CLOSED TO PREVENT 
BLIGHT, NUISANCE, RAT INFESTATION, AND 
THE DISPERSAL OF TRASH AND GARBAGE. 

(4) IF, IN THE OPINION OF THE 
COMMICCIONER BUILDING OFFICIAL . THE 
EXTERIOR MAINTENANCE OF STORAGE 
RECEPTACLES IS CAUSING NUISANCE OR 
BLIGHT, THE COMMISCIONER BUILDING 
OFFICIAL MAY REQUIRE THE RECEPTACLES TO 
BE STORED INSIDE THE BUILDING THEY SERVE 
BETWEEN DAYS OF COLLECTION, OR, IN THE 
DISCRETION OF THE COMMISCIONER BUILDING 
OFFICIAL, WITHIN A CONTIGUOUS ENCLOSED 
STRUCTURE. 

(5) CHUTES FOR THE CONVEYANCE OF GARBAGE 
OTHER THAN TO AN APPROVED INCINERATOR ARE 
PROHIBITED. 

(6) NO GARBAGE, TRASH, OR DEBRIS SHALL BE 
PLACE PLACED OUT FOR COLLECTION EXCEPT IN 
PROPER STORAGE RECEPTACLES. WHERE 
COLLECTION IS FROM A SIDEWALK OR ALLEY, 
RECEPTACLES SHALL BE PLACED OUT NO 
EARLIER THAN THE EVENING PRECEDING THE 
DAY OF COLLECTION. RECEPTACLES PLACED ON 
A SIDEWALK OR ALLEY SHALL BE PROMPTLY 
RETURNED TO THE PREMISES AFTER 
COLLECTION. 



2. A CLEAN AND SANITARY INTERIOR CONDITION FOR 
EACH UNIT AND FOR THE SHARED, COMMON, OR PUBLIC AREAS 
WITHIN EACH BUILDING CONTAINING MORE THAN ONE UNIT SHALL 
INCLUDE BUT IS NOT LIMITED TO THE FOLLOWING STANDARDS 
AND REQUIREMENTS: 



A. FLOORS, FLOOR COVERINGS, AND OTHER WALKING 
SURFACES SHALL BE KEPT CLEAN AND FREE OF TRASH, DEBRIS, 
DIRT, FILTH, GARBAGE, HUMAN AND ANIMAL WASTES AND ANY 
OTHER INSANITARY MATTER OR CAUSE OF NUISANCE. 

B. WALLS, CEILINGS, WINDOWS, AND DOORWAYS 
SHALL BE KEPT CLEAN AND FREE OF DIRT, GREASY FILM, SOOT 
AND ANY OTHER INSANITARY MATTER. 

C. PLUMBING FIXTURES SHALL BE KEPT IN A CLEAN 
AND SANITARY CONDITION . 



51 



Ord. No. 223 



D. THERE SHALL BE SUFFICIENT RECEPTACLES 
INSIDE EACH UNIT TO CONTAIN ITS GARBAGE, TRASH, AND 
DEBRIS. 

E. PREMISES SHALL BE KEPT FREE FROM AND 
EFFECTIVELY PROTECTED AGAINST INFESTATION BY INSECTS, 
RODENTS, VERMIN OR OTHER PESTS. 

3. "TRASH AND DEBRIS" SHALL INCLUDE BUT NOT BE 
LIMITED TO ANY OUTDOOR ACCUMULATION, WITHOUT PERMIT, OF 
RUBBISH, LITTER, GARBAGE, PAPER, RAGS, ASHES, LEAVES, 
CANS, CARTONS, BAGS, ANIMAL WASTE, FILTH, DEAD ANIMALS, 
RUBBLE, DEMOLITION OR CONSTRUCTION AND BUILDING 
MATERIAL, CABINETS, FURNITURE, EQUIPMENT, VEHICLE PARTS, 
TIRES, APPLIANCES, APPLIANCE PARTS, LOGS, TREE BRANCHES, 
YARD TRIMMINGS, AND SIMILAR OBJECTS AND MATERIAL. 

104.5 SANITATION RESPONSIBILITIES OF OCCUPANTS: EVERY 
OCCUPANT SHALL KEEP IN A CLEAN AND SANITARY CONDITION 
THAT PART OF THE BUILDING OR UNIT AND THE PREMISES 
THEREOF WHICH HE OCCUPIES AND CONTROLS. 

1. EVERY OCCUPANT SHALL MAINTAIN HIS OWN UNIT IN 
COMPLIANCE WITH THE STANDARDS AND REQUIREMENTS OF 
SECTION 104.4.2 OF THIC CODE . 

2. EVERY OCCUPANT OF A SINGLE UNIT BUILDING SHALL 
BE RESPONSIBLE FOR THE EXTERMINATION OF ANY INSECTS, 
RATS OR OTHER PESTS WITH THE EXCEPTION OF TERMITES AND 
OTHER WOOD-DESTROYING INSECTS. THEREIN OR ON THE 
PREMISES; AND EVERY OCCUPANT OF A UNIT IN A BUILDING 
CONTAINING MORE THAN A SINGLE UNIT SHALL BE RESPONSIBLE 
FOR THE EXTERMINATION OF SUCH PESTS WHENEVER HIS UNIT IS 
THE ONLY AREA AFFECTED. 

3. EVERY OCCUPANT OF A SINGLE UNIT BUILDING AND 
EVERY OCCUPANT OF ANY UNIT WITH EXCLUSIVE USE OF AND 
CONTROL OVER EXTERIOR PROPERTY AREAS SHALL MAINTAIN 
THOSE EXTERIOR PREMISES, INCLUDING THE ABUTTING 
SIDEWALKS, GUTTERS, AND ALLEYS, IN COMPLIANCE WITH THE 
STANDARDS AND REQUIREMENTS OF SECTION 104.4.1 OF THID 
CODE . 

4. EVERY OCCUPANT OF A SINGLE UNIT BUILDING SHALL 
PROVIDE AND MAINTAIN THE NUMBER AND TYPE OF STORAGE 
RECEPTACLES FOR GARBAGE, TRASH, AND DEBRIS REQUIRED BY 
SECTION 104.4. 

He EVERY OCCUPANT SHALL DISPOSE OF GARBAGE, 
TRASH, OR DEBRIS IN A MANNER THAT VIOLATES ANY PROVICION 
eF COMPLIES WITH SECTION 104.4. THE LIABILITY FAILURE 
OF THE OWNER OR OPERATOR FOR FAILURE TO COMPLY WITH THE 
PROVISIONS OF SECTION 104.4 SHALL NOT RELIEVE THE 



52 



Ord. No. 224 



OCCUPANT OF HIS RESPONSIBILITIES AND DUTIES UNDER THIS 
SECTION. 

10 4 .6 GUDCEQUENT VIOLATION; NOTICE NOT REQUIRED. 

— AFTER ENTRY OF DICrOCITION BY THE DICTRICT 
COURT, OTHER TIIA>? A>f ENTRY OF "NOT GUILTY", FOR A 
VIOLATION OF CECTIONC 10 4 . 4 OR 10 4 .5 OF THIC CODE, THE 
COMMIGCIONER MAY FOR CUDGEQUENT VIOLATION BY THE CAME 
RERGON OF ANY PROVICION OF THE ABOVE CITED GECTIONG 
WITHIN A 12 MONTH PERIOD FOLLOWING THE DATE OF ENTRY, 
INGTITUTE LEGAL ENFORCEMENT ACTION WITHOUT GIVING PRIOR 

NOTICE. LEGAL ENFORCEMENT ACTION MAY INCLUDE THE 

ICGUA>JCE OF A CITATION. 

117.3.1. SANITATION CITATION PROCEEDINGS. 

(I) IF A VIOLATION OF SECTIONS 104.4 OR 104.5 
IS NOT ABATED WITHIN THE TIME SPECIFIED IN A VIOLATION 
NOTICE. A PREPAYABLE CITATION MAY BE ISSUED BY A SPECIAL 
ENFORCEMENT OFFICER IN ACCORDANCE WITH THE PROVISIONS OF 
ARTICLE 19. SECTIONS 144 AND 145 OF THE BALTIMORE CITY 
CODE (1983 REPLACEMENT VOLUME. AS AMENDED). 

(II) WHERE PRIOR NOTICE IS OTHERWISE REQUIRED. 
A CITATION WITHOUT SUCH NOTICE MAY BE ISSUED WHENEVER A 
VIOLATION NOTICE OR CITATION HAS BEEN ISSUED TO THE SAME 
PERSON FOR THE SAME VIOLATION AT THE SAM E ADDRESS WITHIN 
THE PRECEDING 6 MONTHS. 

(III) AFTER ENTRY OF DISPOSITION OF A CITATION 
BY THE DISTRICT COURT. OTHER THAN AN ENTRY OF "NOT 
GUILTY". WITHIN A 6 MONTH PERIOD FOLLOWING THE DATE OF 
ENTRY THE AMOUNT OF FINE SPECIFIED SHALL BE DOUBLED ON 
ANY CITATION ISSUED TO THE SAME PERSON FOR RECURRENCE AT 
THE SAME ADDRESS OF THE SAME VIOLATION . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the 
date of its enactment. 

Approved January 4, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE MO. 224 

(Council Bill No. 305) 

AN ORDINANCE concerning 

SPECIAL ENFORCEMENT OFFICERS 
53 



Ord. No. 224 



FOR the purpose of providing for the appointment of Special 

Enforcement Officers by the Police Commissioner; authorizing 
the Special Enforcement Officers to issue summonses and 
citations for the enforcement of certain city ordinances; 
providing a procedure for issuing citations which require a 
recipient to stand trial for a violation or, alternatively, 
to prepay a specified fine; enumerating the violations for 
which the prepayable citation may be issued; and providing 
generally for the issuance of citations for certain 
violations of law. 

By repealing 

Article 19 - Police Ordinances 

Subtitle "Special Sanitary Enforcement Officers-Citations" 

Sections 144 - 151A 

Baltimore City Code (1983 Replacement Volume, as amended) 

By enacting adding 

Article 19 - Police Ordinances 

Sections 144, 145 

Baltimore City Code (1983 Replacement Volume, as amended) 

Whereas, Chapter 759, Acts of the General Assembly of 
1988, authorized appointment by the Police Commissioner of 
Baltimore City of Special Enforcement Officers to issue citations 
for the violation of certain provisions of the Baltimore City 
Code, and set forth the procedure to be adopted by the City by 
ordinance for the issuance of citations requiring a recipient to 
stand trial or to prepay a specified fine; and 

Whereas, The citation process will provide the City 
with an expeditious alternative method of Code enforcement; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, it io propoocd that That Section (s) of the 
Baltimore City Code (1983 Replacement Volume, as amended) be 
added, repealed, or amended to read as follows: 

[Special Semitary Enforcement Offices - Citations 



144. Officers, appointment, powers. 



The Commissioner of Health and the Commissioner of 
Housing and Community Development shall from time to time certify 
to the Police Commissioner of Baltimore City the names of 
employees of their respective departments for appointment by the 
Police Commissioner as Special Sanitary Enforcement Officer. 
Upon their appointment, the officers have such power to enforce 
those laws relating to buildings, public health or sanitation as 
may be conferred by the State and local law upon their respective 
departments and in execution thereof they have the power to issue 
citations for the violation of laws as provided by State law and 



54 



4 



Ord. No. 224 



the terms of this ordinance. The terms of this ordinance shall 
apply to single family dwellings unless otherwise specified. 

14 5. Issue of citation where prior' legal notice is not required. 

(1) Violation of Section 172 of Article 19 of the 
Baltimore City Code as amended from time to time, providing that 
it is unlawful to discard any type of rubbish or refuse of any 
kind on public or private footways, parking or vacant lots or 
open spaces: 

Penalty 

Violations involving up to 3 cubic feet of material.. $5.00 
Violations involving in excess of 3 cubic feet $40.00 

(2) Violation of Sec. 160 of Article 11 of the Baltimore 
City Code as amended from time to time, providing that it is 
unlawful to deposit any dirt, trash, household waste, refuse, 
debris or any other matter including animal manure on any vacant 
lot or tract of land: 

Violations involving up to 3 cubic feet of material. .. .$5.00 
Violations involving in excess of 3 cubic feet $40.00 

(3) Violation of Sections 17-23 of Article 11 of the 
Baltimore City Code as amended from the time to time, providing 
that no person, firm, corporation, or agency shall permit or 
carry on any open burning of refuse: 

Violations involving size of object of material 

being burned up to 3 cu. ft $15.00 

Violations involving size of object of material 

being burned over 3 cu . f t $40.00 

(4) Violation of Sections 101 and 102 of Article 11 of the 
Baltimore City Code (1976 Edition), as amended from time to time, 
providing that it shall be the duty of the Commissioner of Health 
to enforce all laws and ordinances having any relation to health, 
and to remove or cause to be removed all nuisances: 

Violations involving the discharge of oil, gasoline or other 
liquid waste over a footway or into any gutter, street, 
alley, stream, vacant lot or tract of land $15. 00 

(5) Violations of Sections 27(j), 28(h), 29(b), 30(a), (b) , 
(c) , (d) , 32(c), (f ) , (g) , and 35(d) of this subtitle as amended 
from time to time: 

Violations involving the use of a license tag on an animal 
for which it was not issued, or removal of such license tag from 
the collar of an animal without the consent 

of the owner $25.00 

55 



Ord. No. 224 



Violations involving the failure to obtain a permit before 
opening any kennel, commercial animal establishment, 

or animal shelter $25.00 

Violations involving the failure to humanely dispose of 

all animals owned, kept or harbored after revocation 
of permit or license $25.00 

Violations involving the failure to keep a dog under 

restraint by lease or otherwise, or confined within the 
real property limits of its owner $50 . 00 

Violations involving failure to exercise proper care and 
control over animals to prevent them from becoming a 
public nuisance $50 . 00 

Violations involving failure to keep a female dog or cat 
in heat confined in a building or secure enclosure 
so that such female dog or cat cannot come into 
contact with a male dog or cat $50 . 00 

Violations involving the failure to keep every vicious or 
dangerous animal confined within a building or secure 
enclosure, or securely caged or muzzled and leashed 
whenever off the premises of the owner $50.00 

Violations involving the abandonment of an animal by its 

owner $50.00 

Violations involving the failure of a motor vehicle operator 
who strikes a domestic animal to stop at once and 
render assistance and to immediately report such 
injury or death to the animal's owner and to the 
Baltimore City Police Department $25.00 

Violations involving the exposure of any known poisonous 
substance, except rat poison approved by the 
Commissioner of Health, so that the same shall be 
liable to be eaten by any animal $25.00 

Violations involving the failure of an owner of any animal 
whohas bitten, scratched or exposed any person to a 
possible rabies infection to report such facts to the 
Commissioner of Health and the Baltimore City Police 
Department and to confine and to have said animal 
examined as the Commissioner of Health shall 
direct $50.00 

146. Issue of citation when prior legal notice is required: 

(1) Violation of Sections 101 and 102 of Article 11 of the 
Baltimore City Code, as amended from time to time, providing that 
it shall be the duty of the Commissioner of Health to inspect all 



56 



Ord. No. 224 



streets, lanes, alleys, wharves, warehouses, cellars, yards, 
lumber yards, lots and docks of the City, and all other places he 
may deem necessary, and to enforce all laws and ordinances having 
any relation to health, and to remove or cause to be removed all 
nuisances: 

Violations involving any accumulation of rubbish, refuse, 
garbage, furniture, appliances, tires or other waste 
materials on any vacant piece of land, any commercial 
or industrial property, or such accumulation in any 
vacant building on any commercial or industrial 
property: 

Up to 3 cubic feet of such material $5.00 

In excess of 3 cubic feet $40.00 

Violations involving improper storage of any material, 
objects or articles on lots or on commercial or 
industrial property, which harbor rats or insects or 
which may become a rat or insect harborage. 

Up to 3 cubic feet of such material $5.00 

In excess of 3 cubic feet $40.00 

Violations involving abandoned or immobile vehicles on 
property . 

For each such vehicle $5.00 

Violations involving permitting the discharge of oil, 
gasoline or other polluted liquid waste over the 
footway or into ny gutter, street, alley or 
stream $15.00 

Violations involving permitting any trash, debris, or 

growth of high grass and weeds around any trees planted 
in the sidewalk area of any premises $5.00 

(2) Violation of Section 161 of Article 11 of the Baltimore 
City Code, as amended from time to time, providing that it is 
unlawful for any owner, occupant or person in control of any lot 
or lands to allow or maintain any growth or other rank vegetation 
to a height over one foot and shall cause said lot or lands to be 
free from ragweed, wild mustard, wild lettuce, wild parsley, 
common thistle, milkweed, poison ivy and other noxious 
vegetation. 

Violations involving area of growth under 2500 square 

feet $5.00 

Violations involving area of growth over 2500 square 

feet $40.00 

(3) Violations of Section 509, 904, and 1003 of the Housing 
Code, as ordained by Ordinance 902, approved December 22, 1966, 



57 



Ord. No. 224 



as amended from time to time, providing that the occupant of 
every dwelling unit shall provide receptacles to contain all 
garbage, rubbish and ashes as may be necessary. In addition, for 
every building containing three (3) or more dwelling units, the 
owner shall provide in a location accessible to all dwelling 
units, an adequate number of receptacles into which garbage, 
rubbish and ashes from the dwelling unit receptacles may be 
emptied for storage between days of collection. Receptacles 
shall be made of metal, shall be watertight and provided with 
handles and tight covers. All such receptacles shall be 
maintained at all times in good order and repair. 

Violations involving absence, of non-conforming, not in 
good repair, or uncovered receptacles: 

Up to 2 containers $5 . 00 

For each container over 2 $5.00 

(4) Violation of Sections 701, 702, 902, 904 and 1002 of the 
Housing Code as ordained by Ordinance 902, approved December 22, 
1966, as amended from time to time, providing that every dwelling 
and every part thereof shall be kept clean and free from any 
accumulation of dirt, filth, rubbish, garbage or similar matter. 

Exterior property areas of all premises shall be kept free 
of any objects, material- or condition, including abandoned or 
immobile motor vehicles, which may create a health, accident or 
fire hazard, or which are a public nuisance. All sheds, barns, 
garages, fences and other structures on premises shall be 
maintained free from health, accident or fire hazards. High 
grass and noxious weeds shall be destroyed and removed. 

Every occupant of a dwelling or dwelling unit shall keep in 
a clean and sanitary condition that part of a dwelling unit and 
the premises thereof which he occupies or controls. 

Violations involving failure to maintain yard of dwelling 

free of dog feces, filth, rubbish, garbage, or similar 
material. 

Up to 3 cubic feet of material $5.00 

In excess of 3 cubic feet $15.00 

Violations involving dilapidated and/or defective fences, 
overgrown hedges and auxiliary buildings, such as garages and 
sheds $5.00 

Violations involving accumulations of trash, garbage, debris 
and refuse within garages or buildings. 

Up to 3 cubic feet of material $5.00 

In excess of 3 cubic feet $15.00 



58 



Ord. No. 224 



Violations involving improper storage of lumber and other 

material and other bulk items $5.00 

Violations involving abandoned or immobile vehicles on 
premises . 

For each such vehicle $10.00 

Violations involving permitting the growth of noxious 

weeds or grass and weeds over one foot tall $5.00 

(5) Violations of Sections 27(a), (e) , 28(a), 32(a), (b) , 
(d) , (e) , 33(a), (b) , 34(a), (b) , 35(a), (b) , and 36(a) of this 
subtitle: 

Violations involving the failure of an owner to 

obtain a license for any dog over (4) months of 

age $25. 00 

Violations involving the failure of an owner to have an 
identification tag or collar on his dog when out of 
doors $25.00 

Violations involving the failure of an owner to obtain a 
permit to operate a kennel, commercial animal 
establishment, veterinary hospital, animal clinic, 
or animal shelter $25.00 

Violations involving the failure of an owner to provide his 
animals with sufficient wholesome food and water, 
proper shelter and protection from the weather, 
veterinary care when needed to prevent suffering, and 
humane care and treatment, including sufficient 
exercise space $25.00 

Violations involving the actions of any person to beat, 
cruelly, ill treat, torment, overload, overwork or 
otherwise abuse any animal, or cause, instigate or 
permit any dog fight, cock fight, bull fight, or other 
combat between animals or between animals and humans 
$50.00 

Violations involving the sale of chickens or ducklings 

younger than eight weeks of age in quantities of less 
than twenty-five to single purchaser $25.00 

Violations involving the giving away of any live animal, 
fish, reptile or bird as a prize for, or as an inducement to 
enter, any contest, game, or other competition, or as inducement 
to enter a place of amusement; or offer such vertebrate as an 
incentive to enter into any business agreement whereby the offer 
was for the purpose of attracting trade $25.00 



59 



Ord. No. 224 



Violations involving the possession any wild, vicious or 

dangerous animal for display or for exhibition purposes 
$50.00 

Violations involving the failure to obtain a permit to keep 
any wild animal as a pet $50.00 

Violations involving a performing animal exhibition or 
circus in which animals are induced or encouraged to perform 
through the use of chemical, mechanical, electrical or manual 
devices in a manner which will cause, or is likely to cause, 
physical injury or 

suffering $50 . 00 

Violations involving the failure of any person who owns or 
harbors a dog or cat over the age of four months to 
obtain a valid rabies vaccination $50.00 

Violations involving the failure of any owner to remove any 
excreta deposited by his animal (s) on public walks, 
recreation areas or private property $50.00 

147. Procedure for issuing citation. 

No citation shall be issued pursuant to the provisions of 
Section 14 6 unless in conformity with the following provisions: 

(1) A notice of violation shall have been issued with 
respect to the alleged violation, as provided by law, to the 
person legally responsible for the violation, and the time of 
complying with the requirements of the notice, as set out 
therein, shall have expired without the requirements of said 
notice having been complied with. 

(2) Where a right of hearing or appeal is provided by law 
from the issuance of the notice described above, and the right of 
hearing or appeal has been exercised by the person legally 
responsible for the violation, the hearing has been conducted or 
the appeal has been heard, as the case may be, a ruling has been 
made in writing, in favor of the Department of the City of 
Baltimore issuing the notice, and the terms of the ruling have 
not been complied with. 

148. Form of citation. 

As used herein, the term "citation" means a written or 
printed summons served upon the person charged with the 
violation. Such citation shall be in a form to be approved by 
the District Court of Maryland for Baltimore City. 

149. Violation notice. 

(1) Whenever any special sanitary enforcement officer shall 
discover any violations of any ordinance of the City, herein 

60 



Ord. No. 224 



enumerated, or of State law enforced by such officers, the 
officer may issue a citation to there person legally responsible 
for the violation, and such citation shall be in the form 
hereinbefore specified. 

Such citation shall be made out with sufficient copies so 
that one copy thereof shall be issued to the person legally 
responsible for the violation, one copy shall be filed with the 
department primarily responsible for the enforcement of the 
ordinance alleged to have been violated, and other copies shall 
be filed as the District Court of Maryland for Baltimore City may 
direct. 

(2) After issuance of the Citation and within such time as 
shall be fixed by Court rule, the person charged with the 
violation, or his attorney or agent, may enter a written plea of 
guilty and pay the fine as specified in the citation where 
permitted by Court rule; or such person may plead "guilty" or 
"not guilty" at the time of Court appearance. 

(3) All citations issued pursuant to the terms of this 
ordinance shall be numbered consecutively, and not citation shall 
be cancelled or voided after issuance except by the Court. 

(4) The administrative procedures to be adopted for the 
enforcement of this ordinance shall be worked out by the various 
department heads so as to provide for uniformity and guarantee of 
adequate training supervision of those personnel empowered to 
issue citations. 

(5) Special Sanitary Enforcement Officers are authorized to 
issue a citation under the authority of this ordinance only for 
violations of those portions of the Baltimore City Code sections 
specifically referred to in this ordinance for which a fine is 
designated. 

(6) A notice of violation under Section 146 shall provide 
five days for compliance with the requirements of the notice 
before the issuance of a citation, except, when hazardous 
unsanitary conditions exist, the notice of violation may provide 
one to five days for compliance. 

(7) After the citation fine is paid, or final disposition is 
made in the District Court in favor of the Department issuing the 
citation, any Special Sanitary Enforcement Officer may, without 
issuing a violation notice, issue additional citations for the 
same violation if it is not abated within five days. 

150. Severability. 

The provisions of this ordinance are hereby declared to be 
severable. If any word, phrase, clause, sentence, paragraph, 
section, or part, in or of this subtitle or the application 
hereof to any person, circumstance, or thing, is declared invalid 

61 



Ord. No. 224 



for any reason whatsoever, the remaining provisions and the 
application of such provisions to other persons, circumstances, 
or things shall not be affected thereby but shall remain in full 
force and effect, the Mayor and City Council hereby declaring 
that they would have ordained the remaining provisions of this 
ordinance without the word, phrase, clause, sentence, paragraph, 
section, or part, or the application thereof, so held invalid. 

151. Failure to obey citation. 

(1) Violation of promise to appear unlawful. - It shall be 
unlawful for any person to violate his written promise to appear 
given to an officer upon the issuance of a citation regardless of 
the disposition of the charge for which the citation was 
originally issued. 

(2) Issuance of warrant or summons. - If any person fails to 
appear in accordance with his promise, the District Court Judge 
or Commissioner shall issue a warrant for the arrest of the 
person or in lieu of the warrant, shall send, by registered mail 
with return receipt requested, a summons to the person at his 
last known address setting the case for trial on a date at least 
two weeks subsequent to the original date of trial. All costs 
and expenses incurred by the sheriff in the execution of the 
warrant shall be assessed against and collected from the person 
so arrested by the District Court judge to whom the writ is 
returnable, and by him remitted to the sheriff who shall have 
executed the warrant. 

Special Enforcement Officers 

151A. Appointment; duties. 

(1) The Commissioner of Health and the Commissioner of 
Housing and Community Development shall from time to time certify 
to the Police Commissioner of Baltimore City the names of 
employees of their respective department for the appointment by 
the Police Commissioner as Special Enforcement Officers. 

(2) Upon their appointment, the Officers shall have the 
power to serve summonses to appear before the Housing Part of the 
District Court of Baltimore City in proceedings for enforcement 
of any City ordinance pertaining to its building, housing, 
zoning, fire, public health and sanitation codes. 

(3) The Officers appointed may not arrest or take into 
custody any violator of such ordinances or otherwise have the 
power of arrest in their official capacity. 

(4) A record of appointment of the Officers shall be kept by 
the Police Commissioner and any appointment may be revoked by him 
at any time. 



62 



Ord. No. 224 



(5) The form of badge and type of uniform if any, worn by 
the appointed Officers shall be approved by the Police 
Commissioner. ] 

SPECIAL ENFORCEMENT OFFICERS 

144. APPOINTMENT; DUTIES. 

(A) THE COMMISSIONER OF HEALTH, THE CHIEF OF THE FIRE 
DEPARTMENT, AND THE COMMISSIONER OF HOUSING AND COMMUNITY 
DEVELOPMENT SHALL FROM TIME TO TIME CERTIFY TO THE POLICE 
COMMISSIONER OF BALTIMORE CITY THE NAMES OF EMPLOYEES OF THEIR 
RESPECTIVE DEPARTMENTS FOR APPOINTMENT BY THE POLICE COMMISSIONER 
AS SPECIAL ENFORCEMENT OFFICERS. 

(B) UPON THEIR APPOINTMENT, THE OFFICERS SHALL HAVE THE 
POWER TO SERVE SUMMONSES AND TO ISSUE CITATIONS TO APPEAR BEFORE 
THE HOUSING PART OF THE DISTRICT COURT FOR BALTIMORE CITY IN 
PROCEEDINGS FOR ENFORCEMENT OF ANY CITY ORDINANCE, REGULATION, OR 
PUBLIC LOCAL LAW PERTAINING TO BUILDINGS, HOUSING, ZONING, FIRE, 
PUBLIC HEALTH, AND SANITATION. "CITATION" MEANS A WRITTEN OR 
PRINTED CHARGING DOCUMENT WITH A SUMMONS TO APPEAR FOR TRIAL. 

(C) THE OFFICERS APPOINTED MAY NOT ARREST OR TAKE INTO 
CUSTODY ANY VIOLATOR OR OTHERWISE HAVE THE POWER OF ARREST IN 
THEIR OFFICIAL CAPACITY. 

(D) A RECORD OF APPOINTMENT OF THE OFFICERS SHALL BE KEPT BY 
THE POLICE COMMISSIONER AND ANY APPOINTMENT MAY BE REVOKED BY THE 
COMMISSIONER AT ANY TIME. 

(E) THE FORM OF BADGE AND TYPE OF UNIFORM," IF ANY, WORN BY 
THE APPOINTED OFFICERS SHALL BE APPROVED BY THE POLICE 
COMMISSIONER. 

145. PREPAYABLE CITATIONS. 

(A) CITATION WITH PREPAYABLE FINE. 

THE CITATIONS WHICH SPECIAL ENFORCEMENT OFFICERS ARE 
AUTHORIZED TO SERVE ISSUE MAY PROVIDE THAT THE RECIPIENT MAY 
WAIVE TRIAL AND PREPAY A SPECIFIED FINE. 

(B) LIMITATION ON USE. 

THE AUTHORITY OF THE SPECIAL ENFORCEMENT OFFICERS TO ISSUE 
PREPAYABLE CITATIONS SHALL BE LIMITED TO VIOLATIONS WHICH ARE 
SPECIFICALLY ENUMERATED IN THIS SECTION AND FOR WHICH A SPECIFIC 
PREPAYABLE FINE IS DESIGNATED HEREIN. THE PREPAYABLE FINE SHALL 
NOT EXCEED $500 AND NO PERSON CHARGED BY CITATION SHALL BE 
SUBJECT TO INCARCERATION. 

(C) PROCEDURE FOR ISSUANCE. 



63 



Ord. No. 224 



1. CHARGEABLE VIOLATIONS. WHENEVER A SPECIAL 
ENFORCEMENT OFFICER DETERMINES THAT A CHARGEABLE CODE VIOLATION 
ENUMERATED HEREIN HAS BEEN COMMITTED, THE OFFICER MAY ISSUE A 
PREPAYABLE CITATION TO ANY PERSON LEGALLY RESPONSIBLE FOR THE 
VIOLATION. 

2. CERTIFICATION. EVERY CITATION SHALL CONTAIN A 
CERTIFICATION SIGNED BY THE ISSUING OFFICER UNDER PENALTY OF 
PERJURY THAT THE FACTS CONTAINED IN THE CITATION ARE TRUE TO THE 
BEST OF THE OFFICER'S INFORMATION, KNOWLEDGE, AND BELIEF. 

3. NUMBERING. CANCELLATION. CITATIONS ISSUED PURSUANT 
TO THIS SECTION SHALL BE NUMBERED CONSECUTIVELY, AND AFTER 
ISSUANCE NO CITATION SHALL BE CANCELLED OR VOIDED EXCEPT BY THE 
DISTRICT COURT. 

4. DISTRIBUTION OF ORIGINALS AND COPIES. EACH CITATION 
SHALL BE MADE WITH SUFFICIENT COPIES SO THAT A COPY SHALL BE 
SERVED ISSUED ON THE DEFENDANT OR AN AGENT AUTHORIZED TO RECEIVE 
COURT PROCESS, A COPY RETAINED BY THE OFFICER, AND COPIES 
PROVIDED AS NECESSARY FOR PROSECUTION AND COLLECTION PURPOSES. 
AFTER ISSUANCE AND SERVICE, THE ISSUING OFFICER SHALL PROMPTLY 
FILE THE ORIGINAL WITH THE DISTRICT COURT. 

5. DATES ENTERED. ON EACH CITATION, THE SPECIAL 
ENFORCEMENT OFFICER SHALL ENTER A TRIAL DATE AND A DATE PRIOR TO 
WHICH THE SPECIFIED FINE SHALL BE PAID IF THE RECIPIENT WISHES TO 
WAIVE TRIAL. 

6. TRIAL DATE. THE TRIAL DATE ENTERED ON THE CITATION 
SHALL BE NOT LESS THAN 2 WEEKS AFTER THE DATE OF ISSUANCE. 

7. RECIPIENT'S STATEMENT AND SIGNATURE. EVERY CITATION 
SHALL REQUIRE THE RECIPIENT TO SIGN A STATEMENT ACKNOWLEDGING 
RECEIPT OF THE CITATION AND PROMISING TO EITHER APPEAR FOR THE 
SCHEDULED TRIAL OR PREPAY THE SPECIFIED FINE AS DIRECTED. 
FAILURE TO SIGN SHALL NOT INVALIDATE A CITATION. 

8. IDENTIFICATION. IT SHALL BE UNLAWFUL FOR ANY PERSON 
TO WHOM A CITATION IS ISSUED TO REFUGE TO GIGN IT OR TO REFUSE TO 
PROVIDE PERSONAL IDENTIFICATION UPON REQUEST . ANY PERSON SO 
REFUSING SHALL BE SUBJECT TO POLICE ARREST AND, UPON CONVICTION, 
TO A FINE NOT TO EXCEED $500. FAILURE TO GIGN CIIALL NOT 
ItrVALIDATE A CITATION. 

(D) PROCEDURE FOR COMPLIANCE. 

1. PREPAYMENT OF THE FINE CONSTITUTES A WAIVER OF THE 
RIGHT TO TRIAL. PREPAYMENT AUTHORIZES THE ENTRY OF A PLEA OF NO 
CONTEST AND A DISPOSITION OF THE CHARGE IN ACCORDANCE WITH THE 
FACTS CONTAINED IN THE CITATION. 

2. IF PAYMENT OF THE FINE HAS NOT BEEN MADE IN THE TIME 
AND MANNER DIRECTED, THE RECIPIENT SHALL APPEAR FOR. TRIAL IN THE 

64 



Ord. No. 224 



HOUSING PART OF THE DISTRICT COURT OF MARYLAND FOR BALTIMORE CITY 
ON THE SCHEDULED DATE. 

3. THE CITATION SHALL SET FORTH A MEANS BY WHICH THE 
RECIPIENT MAY REQUEST THE PRESENCE OF THE ISSUING OFFICER AT THE 
TRIAL. IF THE OFFICER IS NOT PRESENT AT THE TRIAL AND HIS 
PRESENCE HAS NOT BEEN REQUESTED, THE CITATION SHALL CONSTITUTE A 
STIPULATION BY THE RECIPIENT THAT IF THE OFFICER WERE PRESENT AT 
THE TRIAL, THE OFFICER WOULD TESTIFY THAT THE FACTS ARE AS SET 
FORTH IN THE CITATION. THE STIPULATION SHALL NOT BE DEEMED A 
WAIVER OF THE RECIPIENT'S RIGHT TO TESTIFY AND TO CONTROVERT THE 
FACTS AS SET. FORTH IN THE CITATION. THE FACTS AS SET FORTH IN 
THE CITATION SHALL BE OFFERED AT THE TRIAL AS ALL OR PART OF THE 
PROSECUTION'S CASE. 

4. WHERE THE FINE HAS NOT BEEN PREPAID AS DIRECTED AND 
THE RECIPIENT FAILS TO APPEAR FOR TRIAL ON THE SCHEDULED DATE, 
THE RECIPIENT SHALL BE SUBJECT TO THE ISSUANCE OF A BENCH WARRANT 
FOR ARREST AN9 OR THE ISSUANCE OF A SHOW CAUSE ORDER FOR CONTEMPT 
OF COURT. NO BENCH WARRANT SHALL ISSUE UNTIL 5 DAYS AFTER THE 
SCHEDULED TRIAL DATE . 

(E) FORM OF CITATION. 

CITATIONS ISSUED PURSUANT TO THIS SECTION SHALL BE IN A FORM 
APPROVED BY THE DISTRICT COURT OF MARYLAND. 

(F) CONTENTS OF CITATION. 

THE CONTENTS OF CITATIONS ISSUED PURSUANT TO THIS SECTION 
SHALL COMPLY WITH ALL RELEVANT REQUIREMENTS OF THE MARYLAND RULES 
OF PROCEDURE AND WITH SECTION 16-16A OF THE PUBLIC LOCAL LAWS OF 
BALTIMORE CITY. 

(G) CONTINUING AND RECURRING VIOLATIONS. 

WHERE THE PROVISION OF LAW WHICH HAS BEEN VIOLATED PROVIDES 
THAT THE CONTINUATION OR RECURRENCE OF A VIOLATION SHALL 
CONSTITUTE A SEPARATE OFFENSE, A SEPARATE CITATION MAY BE ISSUED 
FOR EACH SUCH SEPARATE OFFENSE. 

AFTER ENTRY OF DISPOSITION BY THE DISTRICT COURT, OTHER THAN 
AN ENTRY OF "NOT GUILTY", THE AMOUNT OF FINE SPECIFIED SHALL BE 
DOUBLED ON ANY CITATION ISSUED TO THE SAME PERSON FOR RECURRENCE 
AT THE SAME ADDRESS . WITHIN A i* 6 MONTH PERIOD FOLLOWING THE 
DATE OF ENTRY, OF AN THE SAME OFFENSE CHARGEABLE UNDER THIS 
SECTION. 

WHERE PRIOR NOTICE IS OTHERWISE REQUIRED. A CITATION WITHOUT 
SUCH NOTICE MAY BE ISSUED WHENEVER A VIOLATION NOTICE OR CITATION 
HAS BEEN ISSUED TO THE SAME PERSON FOR THE SAME VIOLATION AT THE 
SAME ADDRESS WITHIN THE PRECEDING 6 MONTHS. 



65 



Ord. No. 224 



ISSUANCE OF A CITATION PURSUANT TO THIS SECTION SHALL NOT 
PRECLUDE PURSUIT OF OTHER REMEDIES AND ENFORCEMENT ACTIONS. 

(H) IMPLEMENTATION. 

UNIFORM ADMINISTRATIVE PROCEDURES FOR IMPLEMENTATION OF THIS 
SECTION SHALL BE JOINTLY DEVISED AND ADOPTED BY THE COMMISSIONER 
OF HOUSING AND COMMUNITY DEVELOPMENT, THE CHIEF OF THE FIRE 
DEPARTMENT, AND THE COMMISSIONER OF HEALTH DEPARTMENT, IN 
CONSULTATION WITH THE DISTRICT COURT ON ANY MATTER AFFECTING THE 
COURT'S OPERATION. 

(I) ENUMERATION OF CODE VIOLATIONS AND PENALTIES. 

THE AUTHORITY OF THE SPECIAL ENFORCEMENT OFFICERS TO 
ISSUE CITATIONS WITH SPECIFIED PREPAYABLE FINES SHALL BE LIMITED 
TO THE FOLLOWING PROVISIONS OF THE BALTIMORE CITY CODE, AS THOSE 
PROVISIONS MAY BE AMENDED FROM TIME TO TIME: 

ARTICLE 0. FIRE PREVENTION CODE i — : 

DEC. F 17 00. 4 .1 OVERCROWDING 

VIOLATION DrV^OLVING 50 - 00 PEOPLE 50 

VIOLATION I>rVOLVING 100 - 100 PEOPLE i 4 . . . OlOO 

VIOLATION I>rVOLVING 200 OR MORE PEOPLE $300 

CEC. F 1703.2 DOORS $100 

ARTICLE 11. HEALTH; 

PFNAX.TY 

SEC. 7. AIR POLLUTION - EMISSION OF NOXIOUS GAS. ETC. . S 25 

SEC. 19. AIR POLLUTION - OPEN BURNING S 25 

SEC. 27 . ANIMAL CONTROL - DOG LICENSES S 25 

SEC. 28. ANIMAL CONTROL - PERMITS FOR KENNEL. CLINIC. 

SHELTER, — ETC. — t $ Z^ 

SEC. 30. ANIMAL CONTROL - RESTRAINT AND CONTROL OF 

ANIMALS $ ?5 

SEC. 32 . ANIMAL CONTROL - ANIMAL CARE S 50 

SEC. 33. ANIMAL CONTROL - KEEPING OF WILD OR DANGEROUS 

ANIMALS S 25 

SEC. 34. ANIMAL CONTROL - PERFORMING ANIMAL EXHIBITIONS S 25 

SEC. 35. ANIMAL CONTROL - RABIES S 25 

SEC. 36. ANIMAL CONTROL - REMOVAL OF ANIMAL WASTE S 25 

66 



Ord. No. 224 

SEC. 58. FOOD P RODUCTS > ADULTERANTS ON PREMISES S 25 

SEC. 59. FOOD PRODUCTS - UNWHOLESOME FOOD ON PREMISES . S 25 

SEC. 67. FROZEN FOODS - ADVERTISEMENT AND SALE REGULATEDS 25 

SEC. 72. LEAD PAINT - WARNING STATEMENT REOUIRED $100 

SEC. 102. NUISANCES AND THE PREVENTION OF DISEASE - 

FAILURE TO ABATE , $ 25 

SEC. 147. NUISANCES AND THE PREVENTION OF DISEASE - 

EMISSION OF DUST OR FLY ASH S 25 

SEC. 165. FOOD OPERATION PERMITS AND INSPECTIONS S 25 

SEC. 180. RADIATION - NON-CONFORMING EOUIPMENT S 25 

SEC. 216. TATTOOING $25 

SEC. 222 . WASTE DISPOSAL $ 50 

SEC. 235. NOISE CONTROL - MAXIMUM PERMISSIBLE SOUND 

LEVELS $ ?5 

SEC. 236. NOISE CONTROL - DEVIATIONS FROM MAXIMUM 

PERMISSIBLE SOUND LEVELS S 25 

SEC. 247. PUBLI C SWIMMING POOLS - LICENSES $ 25 

SEC. 254 . AMBULANCES - AMBULANCE LICENSE $ 50 

SEC. 255. AMBULANCES - PERMIT FOR ATTENDANT $ 25 

SEC. 255A. AMBULANCES - PERMIT FOR DRIVER $ 25 

SEC. 264 . LITTER CONTROL $ 25 

SEC. 267. SOLID WASTE COLLECTION - PERMITS $ 50 

SEC. 269. SOLID WASTE COLLECTION - RESPONSIBILITIES OF 

COLLECTORS — $ 50 

ARTICLE 19. POLICE ORDINANCES: 

SEC. 4 . BABY CHICKS - SALE S AT EASTER $ 25 

SEC. 12. CRUELTY TO ANIMALS - ABANDONMENT OF ANIMAL $ 50 

SEC. 13 . CRUELTY TO ANIMALS - NEGLECT $ 50 

SEC. 14 . CRUELTY TO ANIMALS - ABUSE $ 50 



67 



Ord. No. 224 



SEC. 32. HORSES - INSPECTION. CARE AND TREATMENT S 50 

SEC. 127 . RABBITS - IMPORTATIO N AND SALE S 50 



SEC. 229. ELECTRONI CALLY AMPLIFIED SOUNDS - 
MARKET CENTER , 



' * T » * * ? frS 



ARTICLE 30. ZONING CODE: 

SEC. 4.0-lD. RESIDENCE DISTRICTS - PROHIBITED 

USES; OUTDOOR STORAGE OR MAINTENANCE OF 
CERTAIN VEHICLES $ 25 

SEC. 5.0- ID. OFFICE-RESIDENCE DISTRICT - PROHIBITED 
USES; OUTDOOR STORAGE OR MAINTENANCE OF 

CERTAIN VEHICLES $ 25 

SEC. 6.0-lD. BUSINESS DISTRICTS - PROHIBITED 

USES; OUTDOOR STORAGE OR MAINTENANCE 

OF CERTAIN VEHICLES $ 25 

SEC. 11.0-2D. LAND USE WITHOUT PROPER OCCUPANCY 

CERTIFICATE OR USE PERMIT $ 25 

ARTICLE 32. BUILDING 
CODE; rF>?ALTY 

SEC. 104.3.11. RATPROOFING $ 25 

SEC. 104 . 4 . SANITARY MAINTENANCE STANDARDS $ 25 

SEC. 104.5. SANITATION RESPONSIBILITIES OF 

OCCUPANTS $ 25 

SEC. 2. AND BE IT FURTHER ORDAINED, That if any provision of 
this ordinance or the application thereof to any person or 
circumstance is held invalid for any reason in a court of 
competent jurisdiction, the invalidity does not affect other 
provisions or any other application of this ordinance which can 
be given effect without the invalid provision or application, and 
for this purpose the provisions of this ordinance are declared 
severable. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved January 4, 1989 

KURT L. SCHMOKE, Mayor 



68 



Ord. No. 225 



CITY OP BALTIMORE 

ORDINANCE NO. 225 

(Council Bill No. 316) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
NURSING HOME - 5110 FREDERICK AVENUE 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of a nursing home with not more 
than 120 beds on the property located at 5110 Frederick 
Avenue, as outlined in red on the plats accompanying this 
ordinance, subject to final licensure by the State 
Department of Health and Mental Hygiene and subject to the 
condition that Evergreen Health Group. Inc. will not seek a 
waiver of anv of the stormwater management requirements . 

BY Authority 

Article 30-Zoning 

Sections 4.5-ld and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

and 
Article 12-Hospitals 
Section 1 
Baltimore City Code (1983 Replacement Volume, as amended) 

SEC. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted to Evergreen Health 
Group, Inc. or such entity to be established by and operated 
under common control with Evergreen Health Group, Inc. for the 
establishment, maintenance and operation of a nursing home with 
not more than 120 beds on the property located at 5110 Frederick 
Avenue, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 4.5-ld and 11.0-6d of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) title "Zoning", and Section 1 of Article 12, title 
"Hospitals" of the Baltimore City Code (1983 Replacement Volume, 
as amended) , subject to final licensure by the State Department 
of Health and Mental Hygiene and subject to the condition that 
Evergre en Health Group. Inc. will not seek a waiver of anv of the 
stormwater management requirements . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The Board of 
Municipal and Zoning Appeals, the Planning Commission, the 

69 



Ord. No. 226 



Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 3 0th day after the date of its 
enactment . 

Approved February 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 22 6 

(Council Bill No. 457) 

AN ORDINANCE concerning 

SPECIAL ENFORCEMENT OFFICERS - CITATIONS 

FOR the purpose of adding certain Fire Prevention Code provisions 
to the list of violations enforceable by citation; altering 
certain penalties in the Fire Prevention Code t o conform to 
the provisions herein: and clarifying certain language. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Section 145(c) 2 (ii) and 145(i) 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing and reordaining with amendments 

Article 9 - Fire Department and Fire Code 

Subtitle - Fire Prevention Code 

Section - F-1700.4.3 

Baltimore Citv Code (1983 Rep lacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

Special Enforcement Officers 

145. Prepayable citations. 

(c) Procedure for issuance. 

2. Notice required. 

70 



Ord. No. 226 



(ii) Where the same person has been served 
with 2 successive [violations] VIOLATION NOTICES for THE SAME 
violation at the same address of the same provision of a code 
section enumerated herein, which violations have been abated, and 
the same person is legally responsible for recurrence of the same 
violation at the same address within 12 months following the date 
the first violation notice was issued, a special enforcement 
officer may issue a prepayable citation without notice. 

(i) Enumeration of code violations and penalties. 

The authority of the special enforcement officers to 
issue citations with specified prepayable fines shall be limited 
to the following provisions of the Baltimore City Code, as those 
provisions may be amended from time to time: 

ARTICLE 9. FIRE PREVENTION CODE: 

PENALTY 

SEC. F-1700.4.1 OVERCROWDING 

VIOLATION INVOLVING 50-99 PEOPLE $ 50 

VIOLATION INVOLVING 100-199 PEOPLE $100 

VIOLATION INVOLVING 200 OR MORE PEOPLE $300 

SEC. F-1703.2 DOORS $100 

Article 11. Health: 

Sec. 7. Air pollution - emission of noxious 

gas , etc $ 25 

Sec. 19. Air pollution - open burning $ 25 

Sec. 27. Animal control - dog licenses .-.$ 25 

Sec. 28. Animal control - permits for kennel, 

clinic, shelter, etc $ 25 

Sec. 30. Animal control - restraint and control of 

animals $ 25 

Sec. 32. Animal control - animal care $ 50 

Sec. 33. Animal control - keeping of wild or dangerous 

animals $ 25 

Sec. 34. Animal control - performing animal 

exhibitions $ 25 

Sec. 35. Animal control - rabies $ 25 

Sec. 36. Animal control - removal of animal 

waste $ 25 

Sec. 58. Food products - adulterants on 

premises $ 25 

Sec. 59. Food products - unwholesome food on 

premises $ 25 

Sec. 67. Frozen foods - advertisement and sale 

regulated $ 25 

Sec. 72. Lead paint - warning statement 

required $100 

Sec. 102. Nuisances and the prevention of disease - 

failure to abate $ 25 

71 



Ord. No. 226 



Sec. 147. Nuisances and the prevention of disease - 

emission of dust or fly ash $ 25 

Sec. 165. Food operation permits and 

inspections $ 25 

Sec. 180. Radiation - non-conforming equipment $ 25 

Sec. 216. Tattooing $ 25 

Sec. 222. Waste disposal $ 50 

Sec. 235. Noise control - maximum permissible 

sound levels $ 25 

Sec. 236. Noise control - deviations from maximum 

permissible sound levels $ 25 

Sec. 247. Public swimming pools - licenses ....$ 25 

Sec. 254. Ambulances - ambulance license $ 50 

Sec. 255. Ambulances - permit for attendant ...$ 25 

Sec. 255A. Ambulances - permit for driver $ 25 

Sec. 264. Litter control $ 25 

Sec. 267. Solid waste collection - permits ....$ 50 
Sec. 269. Solid waste collection - responsibilities 

of collectors $ 50 

Article 19. Police Ordinances: 

Sec. 4. Baby chicks - sales at Easter $ 25 

Sec. 12. Cruelty to animals - abandonment 

of animal $ 50 

Sec. 13. Cruelty to animals - neglect $ 50 

Sec. 14. Cruelty to animals - abuse $ 50 

Sec. 32. Horses - inspection, care 

and treatment $ 50 

Sec. 127. Rabbits - importation and sale $ 50 

Sec. 229. Electronically amplified sounds - 

Market Center $ 25 

Article 30. ZorTing Code: 

Sec. 4.0-ld. Residence districts - prohibited 

uses; outdoor storage or maintenance 
of certain vehicles $ 25 

Sec. 5.0-ld. Office-residence district - prohibited 
uses; outdoor storage or maintenance of 
certain vehicles $ 25 

Sec. 6.0-ld. Business districts - prohibited 

uses; outdoor storage or maintenance 
of certain vehicles $ 25 

Sec. 11.0-2d. Land use without proper occupancy 

certificate or use permit $ 25 

Article 32. Building Code: 

Sec. 104.3.11. Ratproofing $ 25 

Sec. 104.4. Sanitary maintenance standards $ 25 

72 



Ord. No. 227 

Sec. 104.5. Sanitation responsibilities of 

occupants $ 25 

ARTICLE 9 - FIRE DEPARTMENT AND FIRE CODE 

Fire Prevention Code 

F-1700.4.3 Penalties: Any owner, aaent. or person responsible 
for the operation of or in charge of anv place of assembly or 
education, where any of the conditions recmlated in Sections 
F-1700.4.1 or F-1 703.2 Are found to exist, shall be guilty of a 
misdemeanor, and upon conviction thereof, shall be subject to the 
following penalties: 

1. Violation of Section F-1700.4.1 involving 50 to 99 

people $50 

2. Violation of Section F-1700.4.1 involving 100 to 199 

people ra2001 $100 

3. Violation of Section F-1700.4.1 involving 200 or more 

people r$5001 $300 

4. Violation of Section F-703.2 r$2001 $100 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 227 

(Council Bill No. 219) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR purpose of granting permission for the establishment, 

maintenance and operation of an open off-street parking area 
on the properties known as 319-321 N. Paca Street as outlined 
in red on the plats accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 

Section (s) 9.0-3d and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 



73 



Ord. No. 228 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street 
parking area on the properties known as 319-321 N. Paca Street as 
outlined in red on the plats accompanying this ordinance, under 
the provisions of Section (s) 9.0-3d and 11.0-6d of Article 30 of 
the Baltimore City Code (1983 Replacement Volume, as amended) , 
title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED. That if a parking 
lot wall is constructed on the above described property the plan 
and specifications for the construction of the wall shall be 
approved bv the Market Center Development Corporation. 

SEC. 9- 4. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 3 0th day after the date of its 
enactment. It shall remain effective for a period of five vears 
and, at the end of that five year period of time, and with no 
further action required by the Mayor and City Council of 
Baltimore, this Ordinance shall be abrogated and of no further 



force and effect. 
Approved February 16, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 228 

(Council Bill No. 167) 

AN ORDINANCE concerning 

SMOKING IN CITY BUILDINGS 

FOR the purpose of prohibiting smoking in city buildingo, a 

building or any part of a building owned or leased bv the 
City or occupied by a City agency , providing exceptions, 
providing for the establishment of smoking areas, providing 
for enforcement and providing penalties. 

74 



Ord. No. 228 



By Adding 

Article 11 - Health 

To come under the new subtitle - Smoking in City Buildings 

Sections 266 - 274 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, Medical evidence demonstrates that smoking is 
harmful to the health of individuals who smoke; and 

WHEREAS, Smoke from cigarettes, cigars, and pipes can be an 
irritant to many nonsmokers; and 

WHEREAS, In sufficient concentrations, secondhand smoke can 
worsen allergic conditions, be harmful to individuals with 
chronic heart or respiratory diseases and according to new 
research long-term exposure may seriously threaten the health of 
nonsmokers ; and 

WHEREAS, It is the responsibility of the City to promote a 
healthy and safe work environment for all employees and 
individuals who conduct business in City offices; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed or amended, to 
read as follows: 

ARTICLE 11 - HEALTH 

SMOKING IN CITY BUILDINGS 

2 66. DEFINITIONS. 

IN THIS SUBTITLE THE FOLLOWING TERMS HAVE THE MEANINGS 
INDICATED. 

A. "COMMISSIONER" MEANS THE COMMISSIONER OF HEALTH OF 
BALTIMORE CITY OR THE COMMISSIONER'S DESIGNEE . 

B. "CITY BUILDING" MEANS A BUILDING, OR ANY PART OF A 
BUILDING, OWNED OR LEASED BY THE CITY OR OCCUPIED BY A CITY 
AGENCY . 

C. "DESIGNATED SMOKING AREA" MEANS THE PART OF A CITY 
BUILDING WHERE SMOKING IS PERMITTED BY DESIGNATION OF THE 
COMMISSIONER OR THE COMMISSIONER'S DESIGNEE . 

D. "SMOKING" MEANS THE ACT OF SMOKING OR CARRYING A BURNING 
CIGAR, CIGARETTE, PIPE, OR TOBACCO PRODUCT OF ANY KIND. 

E. "SOCIAL FUNCTION" MEANS A SPECIFIC SOCIAL OR RECREATIONAL 
EVENT FOR WHICH AN ENTIRE ROOM OR HALL IS RESERVED. 



75 



Ord. No. 228 



267. EXEMPTIONS. 

THE PROVISIONS OF THIS SUBTITLE DO NOT APPLY TO ANY PART OF 

A CITY BUILDING OCCUPIED BY A PRIVATE BUSINESS OR PRIVATE 
INDIVIDUAL. 

268. SMOKING IN CITY BUILDINGS PROHIBITED.' 

EXCEPT AS PROVIDED IN SECTIONS 267 AND 269 OF THIS SUBTITLE, 
COMMENCING APRIL 1. 1989. SMOKING IN CITY BUILDINGS IS 
PROHIBITED. 

2 69. EXCEPTIONS. 

SMOKING IN A CITY BUILDING IS PERMITTED: 

A. IN DESIGNATED SMOKING AREAS; AND 

B. AT SOCIAL FUNCTIONS. 

27 0. ADVISORY NO SMOKING COMMITTEE. 

THERE IS AN ADVISORY NO SMOKING COMMITTEE WHOSE MEMBERS 
SHALL BE NAMED BY THE COMMISSIONER. REPRESENTATIVES OF CERTIFIED 
CITY EMPLOYEE GROUPS SHALL BE INCLUDED AMONG THE COMMITTEE 
MEMBERS. THE COMMITTEE SHALL ASSIST THE COMMISSIONER IN 
DEVELOPING GUIDELINES FOR THE DESIGNATION OF SMOKING AREAS IN 
CITY BUILDINGS AND FOR THE ENFORCEMENT OF THIS SUBTITLE. THE 
COMMITTEE SHALL PERIODICALLY REVIEW CITY AGENCY IMPLEMENTATION OF 
THE PROVISIONS OF THIS SUBTITLE. 

2^51^ 221. DESIGNATED SMOKING AREAS. 

A. EACH CITY BUILDING SHALL HAVE AT LEAST ON E DESIGNATED 
SMOKING AREA OTHER THAN A REST ROOM. THE COMMISSIONER, OR THE 
COMMISSIONER'S DESIGNEE, SHALL ADOPT PROCEDURES FOR ESTABLISHING 
DESIGNATED SMOKING AREAS IN CITY BUILDINGS. 

B. DESIGNATED SMOKING AREAS MAY NOT BE ESTABLISHED IN: 

(1) CONFERENCE ROOMS; 

(2) MEETING ROOMS; 

(3) OFFICES; OR 

(4) AREAS WHERE SMOKING IS PROHIBITED BY THE STATE FIRE 
MARSHAL. 

C. DESIGNATED SMOKING AREAS MAY BE ESTABLISHED IN REST 
ROOMS. HOWEVER, IN EACH CITY BUILDING SMOKING SHALL BE 
PROHIBITED IN AT LEAST ONE A MAJORITY OF REST ROOMS FOR MALES AND 
eNE A MAJORITY OF REST ROOMS FOR FEMALES. 



76 



Ord. No. 2^8 



S^H: 122. POSTING OF SIGNS. 

A. EACH AGENCY AT THE DIRECTION OF THE COMMISSIONER, OR THE 
COMMISSIONER'S DESIGNEE, SHALL POST A SIGN DISPLAYING THE WORDS, 
"SMOKING PROHIBITED BY LAW, EXCEPT IN DESIGNATED SMOKING AREAS", 
OR SIMILAR WORDS, AT EACH CITY BUILDING ENTRANCE. 

B. EACH AGENCY AT THE DIRECTION OF THE COMMISSIONER, OR THE 
COMMISSIONER'S DESIGNEE, SHALL POST A SIGN DISPLAYING THE WORDS 
"SMOKING PERMITTED", OR SIMILAR WORDS, AT EACH DESIGNATED SMOKING 
AREA IN A CITY BUILDING. 

273. SMOKING CESSATION CLASSES. 

A. THE HEALTH DEPARTMENT IS AUTHORIZED TO PROVIDE SMOKING 
CESSATION TRAINING CLASSES TO REPRESENTATIVES FROM CITY AGENCIES. 

B. THE CITY MAY SPONSOR ADDITIONAL SMOKING CESSATION 
PROGRAMS WHEN NEEDED. 

274. EMPLOYMENT. 

A. A CITY SUPERVISOR SHALL NOT HARA SS OR DISCRIMINATE 
AGAINST ANY EMPLOYEE WHO SMOKES. PROVIDED THE EMPLOYEE COMPLIES 
WITH ALL APPLICABLE LAWS. RULES. AND REGULATIONS. 

B. A CITY SUPE RVISOR SHALL NOT HIRE OR REFUSE TO HIRE A JOB 
APPLICANT BECAUSE THE APPLICANT SMOKES OR DOES NOT SMOKE. 

272. CITY AGENCIES. 

THIS CUDTITLE DOEG NOT rROHIDIT A CITY AGENCY FROM ADOPTING 
A SMOKING POLICY THAT IS MORE CTRINGENT TIIA}? THE mOVICIONC OF 

THE SUBTITLE. ADOPTION OF A MORE STRINGENT POLICY IS SUBJECT TO 

APPROVAL BY THE COMMISSIONER. 

*^^ 225. ENFORCEMENT. 

A. WHEN THE COMMISSIONER HAS REASON TO BELIEVE THAT A 
PROVISION OF THIS SUBTITLE HAS BEEN VIOLATED, THE COMMISSIONER 
MAY CAUSE WRITTEN NOTICE TO BE SERVED UPON THE ALLEGED VIOLATOR. 
THIS NOTICE SHALL INCLUDE Mf ORDER THAT CORRECTIVE ACTION BE 
TAI^EN WITHIN A REASONABLE TIME. 

B. A PERSON WHO RECEIVES SUCH A NOTICE MAY OBTAIN A HEARING 
BEFORE THE COWilSSIONER BY MAI^NG A WRITTEN REQUEST FOR A HEARING 
NO LATER TllMi 10 DAYS AFTER THE NOTICE IS SERVED. 

G. UPON SUCH WRITTEN REQUEST, THE COMMISSIONER SHALL HOLD A 

HEARING . WITHIN 15 DAYS FOLLOWING THE HEARING, THE COMMISSIONER 

SHALL ISSUE A WRITTEN OPINION. 

D. IF CORRECTIVE ACTION IS NOT TAKEN BY THE VIOLATOR WITHIN 
THE TIME SPECIFIED IN THE NOTICE AND A REQUEST FOR A HEARING IS 

77 



Ord. No. 229 



NOT MADE, TIIE GOMMICGIONER MAY INCTITUTE CUGII COURT mOGEEDIMGC 
AC HE MAY DEEM NECEGGARY TO ACCOMrLICH TIIE rURTOCEC OF TIIIC 
CUDTITLE. 

A. THE COMMISSIONER OR HIS DES IGNEE SHALL HAVE THE 

RESPONSIBILITY FOR MONITORING AND ENFORCING THE 



PROVISIONS OF THIS SUBTITLE, 



B. THE COMMISSIONER SHALL ADOPT ENFORCEMENT GUIDELINES 

WHICH SHALL INCLUDE; 

(1) EMPLOYEE DISCIPLINARY PROCEDURES: AND 

(2) PROCEDURES FOR THE ISSUANCE OF WRITTEN NOTICES 

OR CITATIONS. 

*^M- 276. PENALTIES. 

ANY PERGON WHO VIOLATES THE PROVICIONC OF GECTION 260 OF 
THIS CUBTITLE GHALL BE GUILTY OF A MISDEMEANOR A>JD GUDJECT TO 

ACCOUIfT THEREOF TO A FINE OF OlO. EACH DAY A VIOLATION OCCURG 

GHALL CONGTITUTE A GEPARATE OFFENGE . 

A PERSON WHO WILLFULLY VIOLATES ANY PROVISION OF THIS 
SUBTITLE OR ANY RULE. REGULATION. OR ORDER ISSUED UNDER THIS 
SUBTITLE IS LIABLE TO A CIVIL PENALTY NOT EXCEEDING $25. TO BE 
COLLECTED IN A CIVIL ACTION BROUGHT BY THE COMMISSIONER IN THE 
DISTRICT COURT. EACH DAY A VIOLATION OCCURS IS A SEPARATE 
VIOLATION UNDER THIS SECTION. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 



Approved February 21, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 229 

(Council Bill No. 354) 

AN ORDINANCE concerning 

FRANCHISE FOR ELECTRICAL CONDUITS AND UTILITY POLES 
WEST PRATT AND SOUTH PACA STREETS 

FOR the purpose granting permission and authority to Paca-Pratt 

Limited Partnership, a Maryland limited partnership, and its 
tenants, successors, and assigns to install and maintain, at 
its own cost and expenses: (i) two one- inch (1") diameter 
electrical conduits with appropriate protection in and 

78 



Ord. No. 229 



across the sidewalks which bind along West Pratt and South 
Paca Streets and the building known as the First Center 
Building (the "Building"), located at 500 West Pratt Street, 
also known as 110 South Paca Street (the center line of the 
said conduits are shown on Exhibit 1 attached hereto and 
described herein in Section 1) , and (ii) two square, 
nontapered aluminum utility poles, eighteen feet (18) in 
height, and as further described in Exhibit 2 attached 
hereto. The purpose of these conduits is to provide 
electricity and video lines from the Building to the 
security cameras to be placed on top of the utility poles, 
located as shown on Exhibit 1. The security cameras will 
monitor and provide surveillance for the tenant in the area 
surrounding the Building. 

BY authority 

Article VIII - Franchises 

Charter of Baltimore City (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission and authority be and the same hereby 
be granted to the Grantee PACA-PRATT LIMITED PARTNERSHIP and its 
tenants, successors and assigns (hereinafter collectively 
referred to as the "Grantee") to install and maintain the 
conduits and utility poles, at the Grantee's own cost and 
expense, for a period not to exceed twenty-five (25) years, with 
renewals as provided for in Section € 3 . ART VIII OF THE CHARTER 
OF BALTIMORE CITY (1964 REVISION. AS AMENDED) . The two conduits 
and utility poles are to be located and described as follows: 

(1) one conduit beginning for the same at a point at the 
Southeast corner of the building and on the northwest 
sidewalk area right-of-way of the intersection of South 
Paca and West Pratt Streets, which point is about 20 
feet west of South Paca Street and 15 feet north of 
West Pratt Street, and running thence in a southerly 
direction to the utility pole, to be placed 
approximately 10 feet from the corner of the Building. 

(2) one conduit beginning for the same at a point at the 
southwest corner of the Building, which point is on the 
north sidewalk area right-of-way line of West Pratt 
Street, about 20 feet north of West Pratt Street, and 
running thence in a southerly direction to the utility 
pole, approximately 10-12 feet from the corner of the 
Building. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
installation and maintenance of the conduits and utility poles 
shall be in compliance with all applicable laws and regulations 
of Baltimore City. The installation and maintenance of the 
conduits and utility poles shall be under the supervision of the 
Grantee and shall be at all time hereafter subject to the 
regulation and control by the Director of Public Works. 

79 



Ord. No. 229 



SEC. 3. AND BE IT FURTHER ORDAINED, That the said 
Grantee shall maintain the conduits and utilitieo UTILITY POLES 
in good condition throughout the full term of this grant, so long 
as the conduits and utility poles exist at the locations 
described herein. The Grantee shall attach to each pole a plate 
which provides: 

(1) the name of the owner of the pole, 

(2) a phone number for 24 hour maintenance service, 
and 

(3) a statement that electricity for the security 
cameras is supplied from the Building and can be switched off by 
contacting Building management at the Building. In the event the 
said structures must be adjusted, relocated, protected, or 
supported to accommodate a public improvement, the Grantee shall 
pay all costs in connection therewith. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the franchise 
herein granted shall be held, exercised, and enjoyed for a period 
not to exceed twenty-five years (25) from the effective date of 
this ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said 
grantee shall pay to the Mayor and City Council of Baltimore, as 
compensation for the franchise or privilege hereby granted, the 
sum of $281. 00 per year, payable in advance during the 
continuance of this franchise or privilege; provided, however, 
that the Mayor and City Council of Baltimore, acting by and 
through the Board of Estimates, may increase or decrease the 
franchise charge payable by the Grantee under the provisions 
hereof, by giving written notice to that effect to the Grantee at 
least one hundred and fifty (150) days prior to the expiration of 
this THE first five (5) years of the term granted herein, or at 
the expiration of any subsequent five (5) year period of said 
term granted herein. Any such increase or decrease of said 
franchise charge to be effective at the beginning of the next 
succeeding five (5) year period of the term granted herein. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and 
City Council of Baltimore hereby expressly reserves the right and 
power, at all times, to exercise, in the interest of the public, 
full municipal superintendence, regulation and control in respect 
to all matters connected with this grant, and not inconsistent 
with the terms hereof. 

SEC. 7. AND BE IT FURTHER ORDAINED, That non- 
compliance by the said Grantee with any of the terms or 
conditions of the grant hereby made shall, at the option of the 
Mayor and City Council of Baltimore, operate as a forfeiture of 
said grant; which forfeiture shall cause this bill to be void, 
and nothing other than an ordinance of the Mayor and City Council 
of Baltimore shall operate as a waiver of any forfeiture of the 
grant hereby made. 



80 



Ord. No. 230 



SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 
granted when, in his judgment, the public welfare or safety 
requires such revocation, and upon written notice served upon the 
Grantee hereunder, all rights under this ordinance shall cease 
and terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event 
of any revocation, forfeiture, or termination for any reason 
whatsoever of the rights and privileges granted by this 
ordinance, and in the event of a proposed public improvement 
requiring said removal, the said Grantee hereunder shall, at its 
expense, remove the structure for which the franchise is herein 
granted in a manner satisfactory to the Director of Public Works, 
and such removal shall be made without any compensation to the 
Grantee and shall be completed within such reasonable time as 
specified in writing by the Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said 
Grantee shall be liable for and shall indemnify and save harmless 
the Mayor and City Council of Baltimore . EXCEPT FOR GROSS 
NEGLIGENCE OF THE CITY OF BALTIMORE, from and against any and all 
suits, losses, costs, claims, damages, or expenses to which the 
said Mayor and City Council of Baltimore may, from time to time, 
be subjected on account of, by reason of, or as a result of: 

A. The installation, presence, use, operation, 
maintenance, alteration, repair, location, relocation, or removal 
of the conduits and utility poles for which the franchise is 
herein granted; and 

B. Any failure on the part of said Grantee to perform, 
promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 3, 1989 

KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 230 

(Council Bill No. 392) 

AN ORDINANCE concerning 

URBAN RENEWAL - WASHINGTON VILLAGE - 
81 



Ord. No. 230 



AMENDMENT NO. 1 

FOR the purpose of amending the Urban Renewal Plan for Washington 
Village to, among other things, revise the project boundary 
to incorporate the Washington Boulevard Business Area and to 
add certain properties in the vicinity of Poppleton Street 
and Washington Boulevard which are presently in the Mount 
Clare Urban Renewal Area; authorize the acquisition of 
certain properties by the Mayor and City Council of 
Baltimore; recommend the closing of certain streets and 
alleys; provide that the procedures for the closing of said 
streets and alleys will be regulated by applicable laws and 
regulations; create certain disposition lots for 
residential, industrial, public, and right-of-way use and 
revise the lot lines of certain existing disposition lots; 
delete certain properties from acquisition and disposition; 
approve changes in the permitted land use for newly created 
disposition lots and for 1215 S. Carey Street; recommend 
certain zoning district changes and provide that the 
approval of this Ordinance shall not be construed as an 
enactment of said zoning changes; revise and/or add 
standards and controls for disposition lots; provide an 
exception to the provision prohibiting sandblasting of 
masonry facades; revise the provisions regarding non- 
conforming and non-complying properties and eliminate 
identification of such properties; revise provisions on 
zoning; revise provisions on community review of proposals 
and plans to redevelop disposition lots; revise the 
mandatory Property Rehabilitation Standards for the 
Washington Boulevard Business Area to eliminate restrictions 
on content of signs and clarify the period of compliance; 
revise, add, and/or eliminate certain Appendices and the 
Exhibits attached to the Urban Renewal Plan to reflect the 
changes provide herein; waiv^ such requirements, if any, as 
to content or procedure for the preparation, adoption and 
approval of renewal plans as set forth in Article 13 of the 
Baltimore City Code which the Urban Renewal Plan for 
Washington Village may not meet; provide for the 
separability of the various parts and applications of this 
Ordinance; provide that where the provisions of this 
Ordinance shall conflict with any other ordinance, code or 
regulation in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and 
provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for the Washington Village 
Urban Renewal Area was first approved by the Mayor and City 
Council of Baltimore by Ordinance No. 1128, dated June 27, 1979; 
and 

WHEREAS, It is necessary to amend the Urban Renewal Plan for 
Washington Village to acquire blighted property to create 
opportunities for residential development - both new construction 
in the 800 blocks of McHenry, Ramsay, and Ryan Streets and the 

82 



Ord. No. 230 



300 blocks of Parkin, Poppleton, and Scott Streets (which 
requires a project boundary change to include certain properties 
presently in the Mount Clare Urban Renewal Area) and 
rehabilitation in the vicinity of Hamburg and Cross Streets and 
scattered vacant properties throughout the area. Certain City- 
owned properties are also being designated for acquisition and 
disposition to facilitate their development for new modular 
housing (Enterprise site at Carroll and Wyeth Streets) , 
residential rehabilitation (former Public School 34 at 1300/20 
Washington Boulevard) and new industrial use (the 8 vacant lots 
at 1212-1226 S. Paca Street) . In order to relate the new 
development at Mount Clare Junction and improve traffic 
circulation at Cross Street and Washington Boulevard, certain 
properties at Amity Street and Washington Boulevard are being 
acquired to provide for road widening and public open space. 
Necessary land use and recommended rezoning proposals for these 
developments as well as to permit the rehabilitation of a 
privately-owned vacant building at 1215 S. Carey Street for 
office use have also been included. The Washington Boulevard 
Business District, currently a separate Urban Renewal Area, is 
being added to the boundaries of Washington Village to better 
integrate this neighborhood shopping area into the community. 
Finally, a number of changes in the Plan are proposed in order to 
update the Plan text and exhibits since approval in 1979 and to 
standardize various provisions in all Urban Renewal Plans and to 
require that development proposals be referred to the Southwest 
Community Council for review and comment; and 

WHEREAS, Pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended), no substantial change or 
changes shall be made in any renewal plan, after approval by 
ordinance, without such change or changes first being adopted and 
approved in the same manner as set forth in said Article 13 for 
the approval of renewal plans, namely the preparation of such 
change or changes by the Department of Housing and Community 
Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adoption 
by ordinance of the Mayor and City Council of Baltimore after a 
public hearing in relation thereto, all in the manner set forth 
in said Article 13 ; and 

WHEREAS, Extensive changes in the Urban Renewal Plan for 
make it infeasible to make line-by-line changes; therefore the 
Department of Housing and Community Development has prepared as 
amended Urban Renewal Plan for Washington Village; and 

WHEREAS, Said amended Urban Renewal Plan for Washington 
Village has been approved by the Director of the Department of 
Planning with respect to its conformity as to the Master Plan, 
the detailed location of any public improvements proposed in the 
amended Renewal Plan, its conformity as to the rules and 
regulations for subdivisions, and all zoning changes proposed in 
said amended Renewal Plan; and said amended Renewal Plan has be 
approved and recommended to the Mayor and City Council of 

83 



Ord. No. 230 



Baltimore by the Commissioner of the Department of Housing and 
Community Development; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the amended Urban Renewal Plan for Washington 
Village, identified as "Urban Renewal Plan, Washington Village 
Urban Renewal Area... revised to include Amendment No. 1, dated 
October 10, 1988," is hereby approved and the Clerk of the City 
Council is hereby directed to file a copy of said amended Urban 
Renewal Plan with the Department of Legislative Reference as a 
permanent public record and to make the same available for public 
inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the boundary of the 
Washington Village Urban Renewal Area shall be revised to include 
the Washington Boulevard Business area which was designated as a 
"Renewal Area" by Ordinance 714, dated May 12, 1978 and to 
include the properties at 409 S. Amity Street, 311/13-325/33, 
410, 419, and 421 S. Poppleton Street, 877 Ramsay Street, 842/50 
and 852/54 Ryan Street and 906-942 Washington Boulevard - 
properties in the Mount Clare Urban Renewal Area, as established 
by Ordinance 619, dated May 30, 1974, and amended by Ordinance 
48, dated May 14, 1976, Ordinance 336, dated June 15, 1977, 
Ordinance 1020, dated May 16, 1979, Ordinance 58, dated June 2, 
1980 and Ordinance 712, dated June 27, 1986, and such properties 
are hereby subject to the Washington Village Urban Renewal Plan 
approved by this Ordinance. Therefore, Section 1 of Ordinance 
1128, dated June 27, 1979, which sets forth the boundaries of the 
Washington Village Urban Renewal Area, is hereby amended to read 
as follows: 

Beginning for the same at the intersection of the north side 
of W. Lombard Street and the west side of Scott Street; thence 
binding on the north side of W. Lombard Street easterly to 
intersect the center line of [the proposed City] MARTIN LUTHER 
KING JR. Boulevard; thence binding on the center line of [the 
proposed City] MARTIN LUTHER KING JR. Boulevard southeasterly to 
intersect an extended straight line of the northwestern right-of- 
way line of Russell Street; thence binding on the extended 
straight line and the northwestern right-of-way line of Russell 
Street southwesterly to intersect the north side of W. Hamburg 
Street; thence binding on the north side of W. Hamburg Street 
northwesterly to intersect the west side of S. Paca Street; 
thence binding on the west side of S. Paca Street southwesterly 
to intersect the north side of W. Ostend Street; thence binding 
on the north side of W. Ostend Street northwesterly to intersect 
the west side of Scott Street; thence binding on the west side of 
Scott Street northerly to intersect the northeastern boundary of 
Lot 62, Block 82-0; thence binding on the northeastern boundary of 
said Lot 62, Block 820 northwesterly to intersect the southeast 
side of Wicomico Street; thence binding on the southeast side of 
Wicomico Street northeasterly to intersect the extension of the 
southwest side of Foundry Court; thence binding on the extension 
of Foundry Court and the southwest side of Foundry Court 

84 



Ord. No. 230 



northwesterly to intersect the southeast side of the first 10- 
foot alley; thence binding on the southeast side of said 10-foot 
alley southwesterly to intersect the northeast side of W. Ostend 
Street; thence binding on the northeast side of W. Ostend Street 
northwesterly to intersect the northwest side of Nanticoke 
Street; thence binding on the northwest side of Nanticoke Street 
southwesterly to intersect the northeast side of S. Carey Street; 
thence binding on the northeast side of S. Carey Street 
northwesterly to intersect the extension of the division line 
between Lot 33/35. and lot 36, Block 789; thence binding on the 
extension of said division line southwesterly, crossing S. Carey 
Street, and continuing along the division line between Lot 33/35 
and Lot 36, Block 789, to intersect the southwest side of the 
first 15-foot alley; thence binding on the southwest side of said 
15-foot alley northwesterly to intersect the southeast side of 
Cleveland Street; thence binding on the southeast side of 
Cleveland Street southwesterly to intersect the northeast side of 
Bayard Street; thence binding on the northeast side of Bayard 
Street northwesterly to intersect the northwest side of Carroll 
Street; thence binding on the northwest side of Carroll Street 
southwesterly to intersect the southwest side of Bush Street; 
thence binding on the southwest side of Bush Street northwesterly 
to intersect the northwest side of Washington Boulevard; thence 
binding on the northwest side of Washington Boulevard 
northeasterly to intersect the southwest side of Bayard Street; 
thence binding on the southwest side of Bayard Street 
northwesterly, crossing Herkimer Street, and continuing 
northwesterly along the southwest side of the former bed of 
Bayard Street, to intersect the south side of Ohio Avenue; thence 
binding on the south side of Ohio Avenue northeasterly to 
intersect the southwest side of S, Carey Street; thenc6 binding 
on the southwest side of S. Carey Street southeasterly to 
intersect the extension of the southeast side of the first 10- 
foot alley; thence binding on said extension and the southeast 
side of said 10-foot alley northeasterly to intersect the 
division line between Lot 1 and Lot 2, Block 266-B; thence 
binding on said division line southeasterly to intersect the 
northwest side of Glyndon Avenue; thence binding on the northwest 
side of Glyndon Avenue southwesterly to intersect the extension 
of the southwest side of the first 10-foot alley; thence binding 
on said extension and the southwest side of said 10-foot alley 
southeasterly, crossing James Street, to intersect the southeast 
side of James Street; thence binding on the southeast side of 
James Street northeasterly to intersect the division line between 
Lot 85 and Lot 86, Block 768; thence binding on said division 
line southeasterly, crossing the first 10-foot alley, to 
intersect the southeast side of said alley; thence binding on the 
southeast side of said 10-foot alley northeasterly, crossing W. 
Ostend Street, to intersect the northeast side of W. Ostend 
Street; thence binding on the northeast side of W. Ostend Street 
northwesterly to intersect the division line between Lot 4 3 and 
Lot 129A, Block 769; thence binding on said division line 
northeasterly to intersect the southwest property line of Lot 40, 
Block 769; thence running northwesterly, and binding on the 

85 



Ord. No. 230 



southwest property line of said Lot 40, Block 769, to intersect 
the southeast side of James Street; thence binding on the 
southeast side of James Street northeasterly to intersect the 
division line of Lot 6 and Lot 134, Block 769; thence binding on 
said division line southeasterly to intersect the southeast side 
of the first 4-foot alley; thence binding on the southeast side 
of said 4-foot alley northeasterly to intersect the southwest 
property line of Lot 130A, Block 769, thence binding on the 
southwest property line of Lot 13 OA southeasterly, and continuing 
along the division line of Lot 1 and Lot 2, Block 769, 
southeasterly to intersect the northeast side of Sargeant Street; 
thence binding on the northeast side of Sargeant Street 
southwesterly to intersect the extension of the southwest side of 
the first 5-foot alley; thence binding on said extension and the 
southwest side of said 5-foot alley southeasterly to intersect 
the southeast side of the first 10-foot alley; thence binding on 
the southeast side of said 10-foot alley northeasterly to 
intersect the division line between Lot 87 and Lot 88, Block 769; 
thence binding on said division line southeasterly to intersect 
the northwest side of Washington Boulevard; thence binding on the 
northwest side of Washington Boulevard northeasterly and 
easterly, TO INTERSECT THE NORTHEAST SIDE OF W. CROSS STREET; 
THENCE BINDING ON THE NORTHEAST SIDE OF W. CROSS STREET 
NORTHWESTERLY TO INTERSECT THE EAST SIDE OF S. AMITY STREET; 
THENCE BINDING ON THE EAST SIDE OF S. AMITY STREET NORTHERLY TO 
INTERSECT THE NORTH SIDE OF CLIFFORD STREET; THENCE BINDING ON 
THE NORTH SIDE OF CLIFFORD STREET EASTERLY TO INTERSECT THE EAST 
SIDE OF S. POPPLETON STREET; THENCE BINDING ON THE EAST SIDE OF 
S. POPPLETON STREET NORTHERLY, CROSSING RYAN STREET, TO INTERSECT 
THE NORTHERN PROPERTY LINE OF LOT 13/14, BLOCK 283; THENCE 
BINDING ON THE NORTHERN PROPERTY LINE OF LOT 13/14 AS EXTENDED TO 
INTERSECT THE EAST SIDE OF THE FIRST 4 FOOT ALLEY; THENCE BINDING 
ON THE EAST SIDE OF SAID 4 FOOT ALLEY NORTHERLY TO INTERSECT THE 
SOUTH SIDE OF THE FIRST 8 FOOT ALLEY; THENCE BINDING ON THE SOUTH 
SIDE OF SAID 8 FOOT ALLEY [and continuing on the north side of 
Washington Boulevard to intersect the east side of Callendar 
Street; thence binding on the east side of Callendar Street 
northerly, crossing Clifford Street, and continuing in a straight 
line between Lot 1/17, Block 847-A and lot 46/58, Block 847-B, to 
intersect the south side of the former bed of Ramsay Street; 
thence binding on the south side of the former bed of Ramsay 
Street westerly to intersect the extension of the east side of 
the first 3-foot 8-inch alley; thence binding on said extension 
and the east side of the said 3-foot 8-inch alley northerly to 
intersect the south side of Ryan Street; thence binding on the 
south side of Ryan Street] easterly to intersect the western 
property line of Lot 3, Block 283; thence binding on the western 
property line of Lot 3, Block 283 northerly, easterly, and 
northerly again to intersect the south side of McHenry Street; 
thence binding on the south side McHenry Street easterly to 
intersect the east side of Parkin Street; thence binding on the 
east side of Parkin Street northerly to intersect the north side 
of the former bed of McHenry Street; thence binding on the north 
side of the former bed of McHenry Street, easterly to intersect 

86 



Ord. No. 230 



the west side of Scott Street; thence binding on the vest side of 
Scott Street northerly to intersect the north side of W. Pratt 
Street; thence binding on the north side of W. Pratt Street 
westerly to intersect the eastern property line of Lot 1/3, Block 
254; thence binding on the eastern property line of said Lot 1/3, 
Block 254 northerly to intersect the south side of Lemmon Street; 
thence binding on the south side of Lemmon Street easterly to 
intersect the extension of the eastern property line of Lot 45, 
Block 254; thence binding on the said extension and the eastern 
property line of said Lot 45, Block 254 northerly to intersect 
the northern property line of Lot 50, Block 254; thence binding 
on the northern property line of said Lot 50, Block 254 easterly 
to intersect the west side of Scott Street; thence binding on the 
west side of Scott Street northerly to the point of beginning. 

[This Boundary excludes the area designated as the 
Washington Boulevard Business District Area, the boundary of 
which is described in Ordinance No. 714, approved May 12, 
1978.] 

SEC. 3. AND BE IT FURTHER ORDAINED, That it is necessary to 
acquire by purchase or by condemnation, for urban renewal 
purposes, the fee simple interest or any lesser interest in and 
to the following properties together with all right, title, 
interest and estate the owner or owners of said property 
interests may have in all streets, alleys, ways or lanes, public 
or private, both abutting the whole area described and/or 
contained within the perimeter of said area, situate in Baltimore 
City, Maryland, and described as follows: 

409 S. Amity Street 

523 Archer Street 

1001 Bayard Ctrcet 
1217 Bayard Street 
1234 Bayard Street 

806 Carroll Street 
812 Carroll Street 

814 Carroll Street 
820/22 Carroll Street 
824/36 Carroll Street 
848 Carroll Street 
852 Carroll Street 

807 W. Cross Street 
809 W. Cross Street 
1017/19 W. Cross Street 

803 W. Hamburg Street 

815 McHenry Street 
819 McHenry Street 

87 



Ord. No. 230 



823 McHenry Street 



1212 


S. 


Paca 


Street 


1214 


S. 


Paca 


Street 


1216 


S. 


Paca 


Street 


1218 


S. 


Paca 


Street 


1220 


S. 


Paca 


Street 


1222 


S. 


Paca 


Street 


1224 


S. 


Paca 


Street 


1226 


S. 


Paca 


Street 



301 Parkin Street 

311/13 S. Poppleton Street 
315/17 S. Poppleton Street 
325/3 3 S. Poppleton Street 

877 Ramsay Street 

842/50 Ryan Street 
852/54 Ryan Street 

250 Scott Street 
398 Scott Street 
400 Scott Street 

1104/16 Ward Street - that portion of 1104/16 Ward 
Street formerly known as 1103 Washington 
Boulevard 

841 Washington Boulevard 
846/56 Washington Boulevard 
936 Washington Boulevard 
938/40 Washington Boulevard 
942 Washington Boulevard 
1105 Washington Boulevard 
1107/09 Washington Boulevard 
1300/20 Washington Boulevard 

511 Wyeth Street 

516 Wyeth Street 

517 Wyeth Street 
519 Wyeth Street 
521 Wyeth Street 
523 Wyeth Street 

SEC. 4. AND BE IT FURTHER ORDAINED, That the Real Estate 
Acquisition Division of the Department of the Comptroller, or 
such person or persons and in such manner as the Board of 
Estimates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter from 
time to time designate, is or are authorized to acquire on behalf 
of the Mayor and City Council of Baltimore and for the purposes 
described in this Ordinance, the fee simple interest or any 

88 



Ord. No. 230 

lesser interest in and to the properties or portions thereof 
hereinabove mentioned. If the said Real Estate Acquisition 
Division of the Department of the Comptroller, or such person or 
persons, and in such manner as the Board of Estimates in the 
exercise of the power vested in it by Article V, Section 5 of the 
Baltimore City Charter, may hereafter from time to time designate 
is or are unable to agree with the owner or owners on the 
purchase price for said properties or portions thereof, it or 
they shall forthwith notify the City Solicitor of Baltimore City, 
who shall thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire 
by condemnation the fee simple interest or any lesser interest in 
and to said properties or portions thereof. 

SEC. 5. AND BE IT FURTHER ORDAINED, That it is hereby 
recommended that portions of Parkin, Ryan, and Ramsay Streets as 
well as certain alleys be closed to permit the new residential 
development - all as shown in the amended Urban Renewal Plan on 
Exhibit 1 - Land Use Plan, Exhibit 2 - Property Acquisition Map, 
and Exhibit 3 - Land Disposition Map, dated as revised 10/10/88. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
the Department of Public Works, with reference to the closing of 
said alleys and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and be in 
accordance with, any and all applicable provisions of Article 4 
of the Code of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision, as amended) to July 1, 1973 and 
any and all amendments thereto, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all rules or 
regulations in effect which have been adopted by the Director of 
Public Works and filed with the Department of Legislative 
Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the creation of new 
disposition lots for residential, industrial, public and/or 
right-of-way use and the revision to the lot lines of certain 
existing disposition lots, as shown in the amended Urban Renewal 
Plan on Exhibit 3 - Land Disposition Map, dated as revised 
10/10/88, are hereby approved. 

SEC. 8. AND BE IT FURTHER ORDAINED, That it is necessary to 
delete 1353 Carroll Street and 903 Washington Boulevard from the 
list of properties to be acquired and disposed of under Ordinance 
No. 1128, approved June 27, 1979. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the changes in land 
use for certain newly created disposition lots and for 1215 S. 
Carey Street from Residential to Community Commercial, limited to 
office and/ or residential uses - as shown in the amended Urban 
Renewal Plan in Section B.l.c entitled "Community Commercial" and 
on Exhibit 1 - Land Use Plan dated as revised 10/10/88, are 
hereby approved. 



89 



Ord. No. 230 



SEC. 10. AND BE IT FURTHER ORDAINED, That the approval of 
Amendment No. 1 to the Urban Renewal Plan for Washington Village 
shall not be construed as an enactment of the zoning district 
change recommendations shown in the amended Urban Renewal Plan on 
Exhibit A, Zoning Districts Map, dated as revised 10/10/88. 

SEC. 11. AND BE IT FURTHER ORDAINED, That the standards and 
controls revised and/or provided for certain disposition lots, as 
contained in the amended Urban Renewal Plan under Section B.2.a, 
entitled "Provisions Applicable to All Land and Property to be 
Acquired", are hereby approved. 

SEC. 12. AND BE IT FURTHER ORDAINED, That the following 
revised provision on sandblasting of masonry facades shall be 
applied to all properties in Washington Village and shall be 
incorporated into said amended Urban Renewal Plan under Section 
C. 2 . , "Rehabilitation" : 

Property rehabilitation shall comply with the codes and 
ordinances of the City of Baltimore. Cleaning of masonry 
facades by means of sandblasting shall not be permitted 
EXCEPT WHERE SANDBLASTING IS DETERMINED BY THE COMMISSIONER 
OF THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO BE 
THE ONLY FEASIBLE MEANS OF SURFACE CLEANING AND WHERE, IN 
HIS OPINION, IT WILL NOT CAUSE DAMAGE TO HISTORIC BUILDING 
MATERIALS . 

SEC. 13. AND BE IT FURTHER ORDAINED, That the identification 
of specific non-conforming uses and non-complying uses in 
Appendix A and B on Exhibit 4 - Zoning Districts Map, shall be 
eliminated and the revised language on non-conforming and non- 
complying uses in Sections B.l.f. and B.l.g. of the amended Urban 
Renewal Plan are hereby approved. 

SEC. 14. AND BE IT FURTHER ORDAINED, That the revised 
language contained in the amended Urban Renewal Plan under 
Section C.6., "Zoning", which clarifies the procedural 
requirements of the Zoning Ordinance of Baltimore City, is hereby 
approved . 

SEC. 15. AND BE IT FURTHER ORDAINED, That the revised 
language contained in the amended Urban Renewal Plan under 
Section C.4.b., "Community Review", which will require that 
proposals and plans to redevelop land to be disposed of by the 
City be referred to the Southwest Community Council, is hereby 
approved . 

SEC. 16. AND BE IT FURTHER ORDAINED, That the mandatory 
Property Rehabilitation Standards for the Washington Boulevard 
Business Area, which were approved by Ordinance 714, dated May 
12, 1978, shall be incorporated into the Washington Village Urban 
Renewal Plan as Appendix B and shall be continued to apply to all 
non-residential properties within the Business Area, said 
properties being listed in Appendix B; however, certain revisions 

90 



Ord. No. 23j0 



to said Standards regarding content of signs and period of 
compliance, are hereby approved as follows: 

1. The last paragraph of Section b.3. which pertains to 
show windows shall be revised as follows: 

Decals one square foot or less in area may be 
affixed to show windows or entrance door windows 
[when same are supplied by credit card companies 
and carry no text or message other than the 
identification of such companies], 

2. Section g. on Signs shall be revised as follows: 
g. SIGNS 

(1) [No signs other than those identifying the 
property where they are installed or identifying 
the use conducted therein shall be permitted. 
Advertising by material or product manufactures 
shall not be permitted except as primary 
identification of an establishment.] 

All lighting and electrical elements such as 
wires, conduits, junction boxes, transformers, 
ballasts, switches, and panel boxes shall be 
concealed from view as much as possible. 

(2) Flat signs shall be placed parallel to the 
building face and shall not project more than 12" 
from the surface of the building and shall not 
exceed in area three times the width in feet of 
the frontage of the building. In the case of 
corner properties, each facade is to be calculated 
separately as to size allowed for each. Flat 
signs shall be placed no higher than one inch 
below the sill of the bottom of the second story 
window where windows exist or 13 feet above grade 
level, whichever is lower. [Lettering applied to 
ground floor show windows or entrance doors shall 
be limited to identification of the business.] 
Signs [identifying the occupant] shall be 
permitted at rear entrance doors but shall not 
exceed six square feet in size, except where 
authorized by the Department of Housing and 
Community Development. 

(3) Marquees or projecting signs shall not be placed 
on any portion of any building. Existing 
projecting or otherwise non-complying signs shall 
be removed within 24 months of passage of 
Ordinance 714, dated May 12, 1978. 



91 



Ord. No. 230 



(4) Painted signs on building surface or use of 
separate cutout letters shall be permitted in 
accordance with the above limits for flat signs or 
as authorized by the Department of Housing and 
Community Development. 

(5) Non-illuminated secondary signs shall [be 
permitted for the identification of commercial 
tenants occupying the upper floors of a building. 
Such signs shall] not exceed two (2) square feet 
in area and shall not project more than one inch 
beyond the surface of the building, nor shall they 
be placed higher than 13 feet above grade level. 

■f&^ Roof top aigna, — signs above the parapet of a 

building, — billboarda, — or outdoor advcrtioing oigao 
painted or iwountcd on otgueturoo other than 
billboards, — Gxccpt ao otherwioc herein provided, 
shall not be permitted. 

(6) Roof top signs, signs above the parapet of a 
building, billboards, or outdoor advertising signs 
painted or mounted on structures other than 
billboards, except as otherwise herein provided, 
shall not be permitted. 

(^ Hr 7 ) Painted or inlaid signs on cloth awnings are 
permitted. 

(B ^ 8 ) Flashing or moving signs other than barber poles 
shall not be permitted. 

(9 ^ 9 ) All' signs not conforming to the above regulations 
shall be removed within two years from date of 
enactment of Ordinance 714, dated May 12, 1978 
except billboards larger than sixty square feet, 
which shall be removed within five years. No 
lease for such billboards expiring after date of 
enactment of said Ordinance 714 shall be renewed. 
Future minor privilege permits for signs shall be 
issued only for those signs meeting project design 
criteria. 

(■1^9_10) No private signs shall be permitted except as 

herein provided or as otherwise authorized by the 
Department of Housing and Community Development 
for temporary purposes not exceeding thirty days. 

3. Section h. on Period of Compliance shall be revised as 
follows: 



92 



Ord. No. 230 



h. PERIOD OF COMPLIANCE 

To the extent that rehabilitation requirements for 
commercial uses are specifically applicable to the 
Washington Boulevard Business Area and are not 
generally required elsewhere, the work necessary 
to meet such requirements shall be completed 
within two (2) years from the approval of 
Ordinance No. 714, dated May 12, 1978, unless 
specifically outlined elsewhere in this Appendix. 
No work, alterations or improvements shall be 
undertaken after enactment of said Ordinance 714 
which do not conform with the requirements herein. 

THEREAFTER, ALL WORK AS MAY BE REQUIRED FROM TIME 
TO TIME TO MAINTAIN PROPERTIES CONSISTENT WITH THE 
PROVISIONS CONTAINED IN THIS APPENDIX SHALL BE 
COMPLETED IN ACCORDANCE WITH THE NOTICE FROM THE 
COMMISSIONER OF THE DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT. 

Nothing herein shall be construed to permit any 
sign, construction, alteration, change, repair, 
use or any other matter otherwise forbidden or 
restricted or controlled by any other public law. 

SEC. 17. AND BE IT FURTHER ORDAINED, That the following 
Appendices are hereby eliminated: Appendix A - "Non-Conforming 
Uses" and Appendix B - "Non-Complying Uses" and the following 
revised and/ or new Appendices and Exhibits are hereby approved: 
Appendix A "Properties for Acquisition and Disposition for 
Residential Rehabilitation", Appendix B "Washington Boulevard 
Business Area Properties and Rehabilitation Standards", Exhibit 1 
"Land Use Plan", Exhibit 2 "Property Acquisition", Exhibit 3 
"Land Disposition", and Exhibit 4 "Zoning Districts" - all 
Exhibits dated as revised 10/10/88. 

SEC. 18. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said amended Renewal Plan approved hereby 
may not meet the requirements as to the content of a renewal plan 
or the procedures for the preparation, adoption, and approval of 
renewal plans, as provided in Article 13 of the Baltimore City 
Code (1983 Replacement Volume, as amended) , the said requirements 
are hereby waived and the amended Renewal Plan approved hereby is 
exempted therefrom. 

SEC. 19. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this Ordinance, or the 
application thereof to any person or circumstances is invalid, 
the remaining provisions and the application of such provisions 
to other persons or circumstances shall not be affected thereby, 



93 



Ord. No. 231 



the Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this Ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, or 
the application thereof so held invalid. 

SEC. 20. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this Ordinance concerns the same subject matter as 
an existing provision of any urban renewal, zoning, building, 
electrical, plumbing, health, fire or safety ordinance or code or 
regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, that 
if such provisions are found to be in irreconcilable conflict, 
the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any 
case where a provision of this Ordinance is found to be in 
conflict with an existing provision of any other ordinance or 
code or regulation in force in the City of Baltimore which 
establishes a lower standard for the promotion and protection of 
the public health and safety, the provision of this Ordinance 
shall prevail, and the other existing provision of such other 
ordinance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this Ordinance. 

SEC. 21. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved March 3, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 231 

(Council Bill No. 426) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 1416 W. PRATT STREET 

FOR the purpose of authorizing the construction and maintenance 

of a fence projecting not more than 4 feet from the front of 
the house front. 

BY authority 

Article 32 - Building Code 

Sections 507.8 

Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the construction and maintenance of a wrought 
iron fence is hereby authorized on the south side of the property 
known generally as 1416 W. Pratt Street. The fence shall extend 



94 



Ord. No. 232 



approximately 4 feet out from the dwelling and shall be 
approximately 10 feet long. Except as specifically provided in 
this ordinance, all ordinances and regulations of the Mayor and 
City Council of Baltimore shall be complied with in the 
construction and use of this fence. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved March 3, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 232 

(Council Bill No. 195) 

AN ORDINANCE concerning 

RETIREMENT SYSTEMS 

FOR the purpose of repealing a provision erroneously included 
in an amendment to the Code. 

By repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Section 34 (i) (5) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

34 . Benefits. 

(i) Special Death Benefit. 

(5) If no beneficiary has been designated, and if a 
member dies intestate and without heirs, then the amounts which 
would have been paid out under the provisions of paragraphs (h) 
or (i) shall remain part of the funds of the system, and shall be 
credited to such accounts as the Board of Trustees may direct. 
[Of the total amount to be paid under this paragraph, fifty 
percent (50%) of the average final compensation of such employee 
shall be paid by the Board of Trustees of the Fire and Police 
Employees Retirement System of the City of Baltimore and the 
balance of said amount shall be paid out of the Workmen's 
Compensation Liability Fund, as contained in the annual Ordinance 
of Estimates.] 

95 



Ord. No. 233 



Sec. 2. AND BE IT FURTHER ORDAINED. That the provisions of 
this ordinance shall be e ffective r etroactively from June 30. 
1986. 

Sec. ^ 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 233 

(Council Bill No. 338) 

AN ORDINANCE concerning 

EMPLOYEES' RETIREMENT SYSTEM 

FOR the pugposG of permitting ccrtQin acmbcpo and certain 

rctiroGo to gepurchaoc EmployecD' — RGtigciBGnt Cyatcn scrviec 

crGdit from thG State of Maryland and/or ito aubdivisiona 
and validating auch prGvioua rGpurchaoGO. 

By adding 

Article 22 RGtiPGnnGnt CyotGma 

CubtitlG EmployGGo ' — RGtiroraGnt Syoton 

Cection lG(f) 

Baltimore City Code (1003 ReplacGwent Volume, — ao amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR A>JD CITY COUNCIL OF 
BALTIMORE, That Section (3) of thG Baltimore City CodG (1003 
RGplacGmont Volume, ao amended) — bo added, — ropGalod, — or amended, 
to read as follows ; 

ARTICLE 22 RETIREMENT SYSTEMS 

EmployoGO ' — RGtirGmcnt Syotom 



•3r6-; — Additional opportunity for Class A and Claoo B membero to 
obtain credit for oervicG and prior oorvioe. 

(F) PURCHASE OF PREVIOUS EMPLOYEES' RETIREMENT SYSTEM 
SERVICE. 

(1) NOTWITHSTA>JDING ANYTHING TO THE CONTRARY CONTAINED 
HEREIN, A>?Y PAST EMPLOYEES ' RETIREMENT SYSTEM SERVICE CREDIT THAT 
WAS REPURCHASED PRIOR TO MARCH 25, 1900 BY ANY MEMBER OR RETIREE 
OF THIS SYSTEM SHALL BE DEEMED TO BE A VALID CREDIT OF SERVICE IN 
THIS SYSTEM FOR SUCH MEMBER OR RETIREE. 



96 



Ord. No. 233 



(2) WOTWITIICTANDIHG A>T¥TIIIWG TO THE COKTRAItY CONTAINED 
HEREIN, BEGINNING MARCH B5, 1000, MiY PACT EMTLOYEEG ' RETIREME^rT 
GYGTEM SERVICE MAY BE RErURCIIACED BY MiY MEMBER OF THIC CYCTEM BY 
PAYING TO THE EMPLOYEEG ' RETIROCEHT CYCTEM, BY A CINGLE PAYMENT 
OR BY AN INCREAGED RATE OF CONTRIBUTION, THE CONTRIBUTIONC WHICH 
HE HAD PREV^IOUGLY WITHDRAW? FROM THE EMPLOYEEG' RETIREME?rr 
GYGTEM, TOGETHER WITH INTEREST FROM THE DATE OF WITHDRAWAL TO THE 

DATE THAT THE REPURCHAGE IC COMPLETED. GERVICE GIIALL BE 

CREDITED PRO - RATA AT THE TIME EACH PAYMElfT FOR GUCH GERVICE IC 
MADE. 

(3) NOTWITHSTANDING A>JYTHING TO THE CONTRARY CONTAINED 
HEREIN, BEGINNING MARCH 25, 1000, A>?Y PAGT EMPLOYEEG' RETIREMENT 
GYGTE?< GERVICE MAY BE REPURCHAGED BY A}JY MEMBER WHO RETIRED ON OR 
AFTER MARCH 25, 1000 A}JD BEFORE JA>?UARY 1, 1000 FROM THIC GYGTEM 
BY PAYING TO THE EMPLOYEEG' RETIREMENT GYGTEM BY A CINGLE PAYMENT 
WHICH GIIALL BE COMPLETED PRIOR TO JA>?UARY 1, 1000, THE 
CONTRIBUTIONS WHICH HE HAD PREVIOUSLY WITHDRAWN FROM THE 
EMPLOYEES' RETIREMENT SYSTEM, TOGETHER WITH INTEREST FROM THE 
DATE OF WITHDRAWAL TO THE DATE THAT THE REPURCHASE IS COMPLETED. 
UPON COMPLETION OF SAID REPURCHASE, SAID RETIREE WILL RECEIVE 
CREDIT FOR SUCH ADDITIONAL SERVICE AND WILL BE ENTITLED TO 
RECEIVE RETROACTIVE TO HIS ORIGINAL DATE OF RETIRE>!ENT A>fY 
ADDITIONAL RETIREMENT BENEFITS WHICH BECOME DUE OR PAYABLE. 

FOR the purpose of permitting certain members and certain 

retirees to repurchase service previously credited with a 
Retirement System of the State of Maryland and/or its 
subdivisions and validating such previous repurchases. 

Bv adding 

Article 22 - Reti rement Systems 

Subtitle - Employees' Retirement System 

Section 16ff) 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE. That Sectionfs) of the Baltimore Citv Code fl983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

Article 22 - Retirement Systems 

Employees' Retirement System 

16. Additional opportunity for Class A and Class B members to 
obtain credit for service and prior service. 

fF) REPURCHASE OF PREVIOUS SERVICE CREDITED WITH A 
RETIREMENT SYSTEM OF THE STATE OF MARYLAND AND /OR ITS 
SUBDIVISIONS. 

(1) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED 
HEREIN. ANY PREVIOUS SERVICE CREDITED WITH A RETIREMENT SYSTEM OF 

97 



Ord. No. 234 



THE STATE OF MARYLAND AND /OR ITS SUBDIVISIONS WHICH WAS 
REPURCHASED PRIOR TO MARCH 25. 1988. BY ANY MEMBER OR RETIREE. 
WHO WAS A MEMBER OF THE EMPLOYEES' RETIREMENT SYSTEM BEFORE JULY 
1. 1979. SHALL BE D EEMED TO BE A VALID C REDIT OF SERVICE IN THIS 
SYSTEM FOR SUCH MEMBER OR RETIREE. 

(2) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED 
HEREIN. BEGINNING MA RCH 25. 1988. ANY PREVIOUS SERVI CE CREDITED 
WITH A RETIREMENT SYSTEM OF THE STATE OF MARYLAND AND /OR ITS 
SUBDIVISIONS MAY BE REPURCHASED BY ANY MEMBER. WHO WAS A MEMBER 
OF THE EMPLOYEES' RETIREMENT SYSTEM. BEFORE JULY 1. 1979. BY 
PAYING TO THE EMPLOYEES' RETIREMENT SYSTEM BY A SINGLE PAYMENT OR 
BY AN INCREASED RATE OF CONTRIBUTION. THE CONTRIBUTIONS WHICH HE 
HAD PREVIOUSLY WITHDRAWN FROM THE RETIREMENT SYSTEMS OF THE STATE 
OF MARYLAND AND/OR ITS SUBDIVISIONS. TOGETHER WITH INTEREST FROM 
THE DATE OF WITHDRAWAL TO THE DATE THAT THE REPURCHASE IS 
COMPLETED. SERVICE SHALL BE CREDITED PRO-RATA AT THE TIME EACH 
PAYMENT FOR SUCH SERVICE IS MADE. 

(3) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED 
HEREIN. BEGINNING MARCH 25. 1988. ANY PREVIOUS SERVICE CREDITED 
WITH A RETIREMENT SYSTEM OF THE STATE OF MARYLAND AND /OR ITS 
SUBDIVISIONS MAY BE REPURCHASED BY ANY MEMBER. WHO WAS A MEMBER 
OF THE EMPLOYEES' RETIREMENT SYSTEM BEFORE JULY 1. 1979. AND WHO 
RETIRED ON OR AFTER MARCH 25. 1988 AND BEFORE MARCH 31. 1989. 
FROM THIS SYSTEM BY PAYING TO THE EMPLOYEES' RETIREMENT SYSTEM BY 
A SINGLE PAYMENT WHICH SHALL BE COMPLETED PRIOR TO JUNE 30. 1989. 
THE CONTRIBUTIONS WHICH HE HAD PREVIOUSLY WITHDRAWN FROM THE 
RETIREMENT SYSTEMS OF THE STATE OF MARYLAND AND /OR ITS 
SUBDIVISIONS. TOGETHER WITH INTEREST FROM THE DATE OF WITHDRAWAL 
TO THE DATE THAT THE REPURCHASE IS COMPLETED. UPON COMPLETION OF 
THE REPURCHASE. THE RETIREE WILL RECEIVE CREDIT FOR SUCH 
ADDITIONAL SERVICE AND WILL BE ENTITLED TO RECEIVE RETROACTIVE TO 
HIS ORIGINAL DATE OF RETIREMENT ANY ADDITIONAL RETIREMENT 
BENEFITS WHICH BECOME DUE OR PAYABLE. 

Sec. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 234 
(Council Bill No. 339) 
AN ORDINANCE concerning 

FIRE AND POLICE EMPLOYEES* RETIREMENT SYSTEM 



98 



Ord. No. 234 



FOR the purpose of permitting certain members and certain 

retirees to repurchase Employees • Retirement System service 
credit and validating such previous repurchases. 

By adding 

Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees 

Section 32(g) 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Fire and Police Employees 

32. SERVICE CREDITABLE. 

(G) PURCHASE REPURCHASE OF PREVIOUS EMPLOYEES' RETIREMENT 
SYSTEM SERVICE. 

(1) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED 
HEREIN, ANY PAST EMPLOYEES '• RETIREMENT SYSTEM SERVICE CREDIT THAT 
WAS REPURCHASED PRIOR TO OCTOBER 15, 1987 BY ANY MEMBER OR 
RETIREE WHO WAS A MEMBER OF THIS SYSTEM BEFORE JULY 1. 1979 SHALL 
BE DEEMED TO BE A VALID CREDIT OF SERVICE IN THIS SYSTEM FOR SUCH 
MEMBER OR RETIREE. 

(2) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED 
HEREIN, BEGINNING OCTOBER 15, 1989, ANY PAST EMPLOYEES' 
RETIREMENT SYSTEM SERVICE MAY BE REPURCHASED BY ANY MEMBER WHO 
WAS A MEMBER OF THIS SYSTEM BEFORE JULY 1. 1979 BY PAYING TO THE 
FIRE AND POLICE EMPLOYEES' RETIREMENT SYSTEM, BY A SINGLE PAYMENT 
OR BY AN INCREASED RATE OF CONTRIBUTION, THE CONTRIBUTIONS WHICH 
HE HAD PREVIOUSLY WITHDRAWN FROM THE EMPLOYEE' RETIREMENT SYSTEM, 
TOGETHER WITH INTEREST FROM THE DATE OF WITHDRAWAL TO THE DATE 
THAT THE REPURCHASE IS COMPLETED. SERVICE SHALL BE CREDITED PRO- 
RATA AT THE TIME EACH PAYMENT FOR SUCH SERVICE IS MADE. 

(3) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED 
HEREIN, BEGINNING OCTOBER 15, 1987, ANY PAST EMPLOYEES' 
RETIREMENT SYSTEM SERVICE MAY BE REPURCHASED BY ANY RETIREE WHO 
WAS A MEMBER OF THIS SYSTEM BEFORE JULY 1. 1979 AND WHO RETIRED 
ON OR AFTER OCTOBER 15, 1987 AND BEFORE JANUARY 1, 1989 FROM THIS 
SYSTEM BY PAYING TO THE FIRE AND POLICE EMPLOYEES' RETIREMENT 
SYSTEM BY A SINGLE PAYMENT WHICH SHALL BE COMPLETED PRIOR TO 
MARCH 31 JUNE 30. 1989, THE CONTRIBUTION WHICH HE HAD PREVIOUSLY 
WITHDRAWN FROM THE EMPLOYEES; RETIREMENT SYSTEM, TOGETHER WITH 
INTEREST FROM THE DATE OF WITHDRAWAL TO THE DATE THAT THE 
REPURCHASE IS COMPLETED. UPON COMPLETION OF SAID REPURCHASE, 
SAID RETIREE WILL RECEIVE CREDIT FOR SUCH ADDITIONAL SERVICE AND 

99 



Ord. No. 235 



WILL BE ENTITLED TO RECEIVE RETROACTIVE TO HIS ORIGINAL DATE OF 
RETIREMENT ANY ADDITIONAL RETIREMENT BENEFITS WHICH BECOME DUE OR 
PAYABLE. 

Sec. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 235 

(Council Bill No. 353) 

AN ORDINANCE concerning 

RESERVED PARKING - SOUTH STREET 



For the purpose of providing for reserved parking South Street 
for the Mayor's Coordinating Council on Criminal Justice 
vehicles. 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That on South Street, west side, from a point 123' 
south of Baltimore Street to a point 14 5' south of Baltimore 
Street, parking is reserved for the Mayor's Coordinating Council 
on Criminal Justice vehicles displaying permits. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 236 

(Council Bill No. 389) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
NURSING HOME 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of a nursing home WITH A MAXIMUM 
OF 120 PATIENT BEDS on the property 4000 Old Frederick Road, 

100 



Ord. No. 237 



as outlined in red on plats accompanying this ordinance, 
subject to final licensure by the State of Department of 
Health and Mental Hygiene. . 

BY Authority 

Article 30 - Zoning 

Sections 4.8-ld-5 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted to Centugy nome, 
^«e^ — WESTSIDE CARE CENTER INC, . for the establishment, 
maintenance and operation of a nursing home WITH A MAXIMUM OF 120 
PATIENT BEDS on the property 4 000 Old Frederick Road, as outlined 
in red on the plats accompanying this ordinance, under the 
provisions of Sections 4.8-ld-5 and 11.0-6d of Article 30 of the 
Baltimore City Code (1983 Replacement Volume, as amended) titled 
"Zoning", and Section 1 of Article 12, title "Hospitals" of the 
Baltimore City Code (1983 Replacement, as amended), subject to 
final licensure by the State Department of Health and Hygiene. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day from the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 237 

(Council Bill No. 427) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell at either public or private sale all of 
the interest of the Mayor and City Council of Baltimore in 

101 



Ord. No. 238 



Former Public School f2, located at 200 S. Central Avenue, 
Block 1410, lot 1. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to sell at either public or private sale in 
accordance with Article V, Section 5(b) of the City Charter (1964 
Revision, as amended) , all of the interest of the Mayor and City 
Council of Baltimore in and to the lot of ground improvements 
known as 200 S. Central Avenue, Block 1410, Lot 1. 

Beginning for the same at the point of intersection between 
the south side of Pratt Street, variable right-of-way, and the 
west side of Central Avenue, 100 feet wide, running thence 
binding on said west side of Central Avenue (1) north 002 - 
degrees 57-*— minutes 3 0-^ seconds east 413.22 feet to the north 
side of Gough Street, 66 feet wide, thence binding on said north 
side of Gough Street (2) south 086 — degrees 49-'— minutes 10^ 
seconds west 176.24 feet to the northeast side of Lloyd Street, 
50 feet wide, thence binding on said northeast side of Lloyd 
Street 50 feet wide, then binding on said northeast side of Lloyd 
Street, (3) north 26 - degrees 16-*— minutes 00-"- seconds west 
314.21 feet to said south side of Pratt Street, thence binding on 
said south side of Pratt Street (4) north 64 - degrees 24-'— 
minutes 2 0-"- seconds east 3 2 5.65 feet to the place of beginning, 
containing 2.01004 acres of land. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 238 

(Council Bill No. 431) 

AN ORDINANCE concerning 

UTILITY EASEMENT OVER THE LOCH RAVEN 
102 



Ord. No. 238 



RESERVOIR WATERSHED PROPERTY 

FOR the purpoDG of granting unto DQltiiaore County an caocnent 

FOR the purpose of authorizing a grant of easement unto Baltimore 
county for utilities upon three parcels of land owned by the 
Mayor and City Council of Baltimore situated south of 
Ashland Road, east tof York Road, Eighth Election District, 
Baltimore County, Maryland. The exclusive use of land 
within said easement being no longer needed for public use. 

SECTION 1. AN© BE IT FURTHER ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Mayor and City Council of 
Baltimore be and it is hereby authorized to grant and convey unto 
Baltimore County, its successors and assigns, an easement through 
property owned by the City of Baltimore in Baltimore County, 
Maryland; said easement to be used for the construction and 
maintenance therein of utilities and their appurtenances by 
Baltimore County. Said easement being described as follows: 

Beginning for the same at a point on the second or South 32 
degrees 15 minutes west 600 foot line of the second parcel of 
land made a part of the deed from the Penn Central Corporation 
and others to the State of Maryland to the use of the Department 
of Natural Resources, dated October 29, 1980, and recorded among 
the Land Records of Baltimore County in Liber E.H.K. , Jr. 6227, 
page 154, said beginning point being distant 539.58 feet as 
measured South 2 6 degrees 41 minutes 28 seconds west along said 
second line €e«ft from the beginning thereof, running thence 
binding on a part of said second line, (1) South 26 degrees 41 
minutes of seconds west 10.00 feet, thence (2) South 63 degrees 
18 minutes 32 seconds east 7.94 feet to a point on the northwest 
line of the 10 Foot Utility Easement shown on Baltimore County 
Bureau of Land Acquisition Plat RW. 71-161-26, thence binding on 
the northwest line of said last mentioned easement two courses, 

(3) North 29 degrees 17 minutes 57 seconds east 5.12 feet, and 

(4) North 26 degrees 42 minutes 28 seconds east 4.89 feet, and 
thence (5) North 63 degrees 18 minutes 32 seconds west 8.18 feet 
to the place of beginning. Containing 0.0019 of an acre of land, 
more or less. 

Beginning for the same at a point on the fortieth or South 
47 degrees 10 minutes east 608.7 foot line of the 79.95 acre 
parcel described in the deed from Laura T. Bates and others to 
the Mayor and City Council of Baltimore, dated January 4, 1923, 
and recorded among the Land Records of Baltimore County in Liber 
W.P.C. 566, page 47 3, said line being the southwest outline of 
"Ashland" etrt^ as shown on Plats Three and Four thereof, which 
plats are recorded among said land records in Plat Book E.H.K. , 
Jr. 54, on pages 83 and 84, respectively, said beginning point 
being distant 430.57 feet, as measured South 53 degrees 18 
minutes 32 seconds east long said outline and said fortieth line 
from the beginning thereof, running thence binding on said 
outline and on said fortieth line, (1) South 53 degrees 18 

103 



Ord. No. 238 



minutes 32 seconds east 17.21 feet, thence two courses, (2) South 
17 degrees 47 minutes 4 seconds east 24.96 feet, and (3) South 
00 degrees 43 minutes 50 seconds west 238.60 feet to a point on 
the northeast line of the 20 foot Utility Easement shown on 
Baltimore County Bureau of Land Acquisition Plat RW 71-161-5, 
thence binding on the northeast line of said last mentioned 
easement, (4) North 58 degrees 24 minutes 03 seconds west 11.65 
feet, thence two courses (5) North 00 degrees 4 3 minutes 50 
seconds east 230.99 feet, and (6) North 17 degrees 47 minutes 40 
seconds west 37.43 feet to the place of beginning. Containing 
0.0611 of an acre of land, more or less. 



Beginning for the same at a point on the fortieth or South 
47 degrees 10 minutes east 608.7 foot line of the 79.95 acre 
parcel described in the deed from Laura T. Bates and others to 
the Mayor and City Council of Baltimore, dated January 4, 1923, 
and recorded among the Land Records of Baltimore County in Liber 
W.P.C. 566, page 473, said line being the southwest outline of 
"Ashland" as shown on Plats Three and Four thereof, which plats 
are recorded among said land records in Plat Book E.H.K., Jr. 54, 
on pages 83 and 84, respectively, said beginning point being 
distant 124.90 feet, as measured South 53 degrees 18 minutes 32 
seconds east along said outline and said fortieth line from the 
beginning thereof, running thence binding on said outline and on 
said fortieth line, (1) South 53 degrees 18 minutes 32 seconds 
east 10.57 feet, thence seven courses: (2) South 17 degrees 49 



minutes 45 seconds west 66.29 feet 
minutes 15 seconds east 5.00 feet. 



(3) South 72 degrees 10 
(4) South 17 degrees 49 
minutes 45 seconds east 50.91 feet, (5) North 72 degrees 10 
minutes 15 seconds west 20.00 feet, (6) North 17 degrees 49 
minutes 45 seconds east 50.94 feet, (7) South 72 degrees 10 
minutes 15 seconds east 5.00 feet, and (8) North 17 degrees 49 
minutes 45 seconds east 69.70 feet to the place of beginning. 
Containing 0.0390 of an acre of land, more or less. 



The exclusive use of the land within said easement being no 
longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That any grant of said 
easement to Baltimore County shall contain appropriate provisions 
formulated by the City Comptroller to protect and indemnify the 
Mayor and City Council of Baltimore by reason of granting of said 
easement. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect from the date of its enactment. 



Approved March 10, 1989 



KURT L. SCHMOKE, Mayor 



104 



Ord. No. 2219 



CITY OF BALTIMORE 

ORDINANCE NO. 239 

(Council Bill No. 438) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell either at public or private sale all the 
interest of the Mayor and City Council of Baltimore in and 
to that certain parcel of land and improvements located at 
123 West 24th Street. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to sell at either public or private sale in 
accordance with Article V, Section 5(b) of the City Charter (1964 
Revision, as amended) , all of the interest of the Mayor and City 
Council of Baltimore in and to that certain parcel of land and 
improvements located at 123 West 24th Street, in the City of 
Baltimore, and described as follows: 

123 West 24th Street (Block 3622, Lot 3) 

Formerly known as School No. 308 

containing 10,455 square feet of land, more or less. 

Said property being no longer needed for public purposes. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 240 

(Council Bill No. 439) 



105 



Ord. No. 240 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell at either public or private sale all of 
the interest of the Mayor and City Council of Baltimore in 
and to N. Durham Street between E. Madison Street and E. 
Monument Street and a Ten Foot Alley between N. Durham 
Street and N, Wolfe Street. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to sell at either public or private sale in 
accordance with Article V, Section 5(b) of the City Charter (1964 
Revision, as amended) , all of the interest of the Mayor and City 
Council of Baltimore in and to N. Durham Street between E. 
Madison Street and E. Monument Street and a Ten Foot Alley 
between N. Durham Street and N. Wolfe Street, both in the City of 
Baltimore, and described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the east side of Durham Street, 20 feet wide, and 
the north side of Monument Street 66, feet wide, and running 
thence binding on the north side of said Monument Street, 
Westerly 2 feet to intersect the west side of said Durham 
Street; thence binding on the west side of said "Durham Street, 
Northerly 320 feet, more or less, to intersect the south side of 
Madison Strefet, 66 feet wide; thence binding on the south side of 
said Madison Street, Easterly 2 feet to intersect the east of 
said Durham Street and thence binding on the east side of said 
Burham Street, Southerly 320 feet, more or less, to the place of 
beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the west side of Wolfe Street, 70 feet wide, and 
the south side of an alley 10 feet wide, laid out 80 feet north 
of Monument Street, 66 feet wide, and running thence binding on 
the south side of said alley. Westerly 14 feet, more or less, to 
intersect the east side of Durham Street, 20 feet wide, thence 
binding on the east side of said Durham Street, Northerly 10 feet 
to intersect the north side of said alley; thence binding on the 
north side of said alley, Easterly 140 feet, more or less, to 
intersect the west side of said Wolfe Street and thence binding 
on the west side of said Wolfe Street, Southerly 10 feet to the 
place of beginning. 



106 



1 



Ord. No. 241 



SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 241 

(Council Bill No. 462) 

AN ORDINANCE concerning 

PARKING - RESERVED 
FAYETTE STREET 



For the purpose of providing for reserved parking on the south 

side of Fayette Street for the Department of Transportation 
vehicles. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That parking is reserved on the south side of Fayette 
Street, from a point 161' east of Holliday Street to a point 280' 
east of Holliday for Department of Transportation vehicles, 
displaying a permit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 242 

(Council Bill No. 464) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 31, approved March 28, 
1988, which provided for reserved parking on the south side 
of O'Donnell Street for George Cawthern. 



107 



Ord. No. 243 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 31, approved March 28, 1988, is 
hereby repealed and the authorization for reserved parking on the 
south side of O'Donnell Street near Robinson Street therein 
provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 243 

(Council Bill No. 465) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 957 approved May 28, 
1987, which provided for reserved parking on the east side 
of Gladden Avenue for Mary Reinsf elder. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 957, approved May 28, 1987, is 
hereby repealed and the authorization for reserved parking on the 
east side of Gladden Avenue south of the 1st alley south of 
Bonview Avenue therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 244 

(Council Bill Mo. 466) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE. 

FOR the purpose of repealing Ordinance No. 902 approved March 27 ^ 
1987, which provided for reserved parking on the south side 
of Fait Avenue for Elmer McDonald. 



108 



Ord. No. 245 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 902, approved March 27, 1987, is 
hereby repealed and the authorization for reserved parking on the 
south side of Fait Avenue near Belnord Avenue therein provided, 
is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 245 

(Council Bill No. 467) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 1063 approved June 20, 
1979, which provided for reserved parking on the south side 
of Clay Street for Elmer McDonald. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 1063, approved June 20, 1979, is 
hereby repealed and the authorization for reserved parking on the 
south side of Clay Street near Park Avenue therein provided, is 
hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 246 

(Council Bill No. 477) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 1053, approved 

November 18, 1983, which provided for reserved parking on 
the east side of Highland Avenue for Laura Shinaberry. 



109 



Ord. No. 247 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 1053, approved November 18, 1983, 
is hereby repealed and the authorization for reserved parking on 
the east side of Highland Avenue, south side of Elliott Street 
therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 'date of its enactment. 

Approved March 10, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 247 

(Council Bill No. 393) 

AN ORDINANCE concerning 

URBAN RENEWAL - MARKET CENTER - 
AMENDMENT NO. 8 

FOR the purpose of amending the Urban Renewal Plan for Market 
Center Urban Renewal Area to, among other things, (1) 
authorize the acquisition by purchase or by condemnation, of 
certain properties for urban renewal purposes; (2) delete 
certain properties from acquisition; (3) create and/or 
modify the boundaries of certain disposition/development 
parcels for future development; (4) change the land use of 
certain properties; (5) clarify provision governing property 
rehabilitation compliance in Appendix A attached to the 
Plan; (6) revise appropriate Exhibits attached to the Plan 
to reflect the changes proposed herein; (7) waive such 
requirements, if any, as to the content or procedure for the 
preparation, adoption and approval of renewal plans as set 
forth in Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended) which the Renewal Plan for 
Market Center may not meet; (8) provide for the severability 
of the various parts and applications of this ordinance; (9) 
provide that where the provisions of this ordinance shall 
conflict with any other ordinance, code or regulation in 
force in the City of Baltimore, the provision which 
establishes the higher standard shall prevail; and (10) 
provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for the Market Center, 
formerly known as the Retail District, was first approved by the 
Mayor and City Council of Baltimore by Ordinance No. 579, dated 
November 16, 1977 and last amended by Ordinance No. 7, dated 
June 27, 1988; and 



110 



Ord. No. 247 



WHEREAS, Pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended) , no substantial change or 
changes shall be made in any renewal plan, after approval by 
ordinance, without such change or changes first being adopted and 
approved in the same manner as set forth in said Article 13 for 
the approval of renewal plans, namely the preparation of such 
change or changes by the Department of Housing and Community 
Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adoption 
by ordinance of the Mayor and City Council of Baltimore after a 
public hearing in relation thereto, all in the manner set forth 
in said Article 13; and 

WHEREAS, Extensive changes in the Renewal Plan for Market 

Center make it infeasible to make line-by-line changes, therefore 

the Department of Housing and Community Development has prepared 
rts an amended Urban Renewal Plan for Market Center; and 

WHEREAS, Said amended Renewal Plan for Market Center has 
been approved by the Director of the Department of Planning with 
respect to its conformity as to the Master Plan, the detailed 
location of any public improvements proposed in the amended 
Renewal Plan, its conformity as to the rules and regulations for 
subdivisions, and its conformity to existing and proposed zoning 
classifications; and the said amended Renewal Plan has been 
approved and recommended to the Mayor and City Council of 
Baltimore, by the Commissioner of the Department of Housing and 
Community Development, now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the amended Urban Renewal Plan for Market Center, 
identified as "Urban Renewal Plan, Market Center..., revised to 
include Amendment No. 8, dated September 30, 1988", is hereby 
approved and the Clerk of the City Council is hereby directed to 
file a copy of said amended Urban Renewal Plan with the 
Department of Legislative Reference as a permanent public record 
and to make the same available for public inspection and 
information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is necessary to 
acquire, by purchase or by condemnation, for urban renewal 
purposes, the fee simple interest or any lesser interest in and 
to the following properties or portions thereof, together with 
all right, title, interest and estate that the owner or owners of 
said property interests may have in all streets, alleys, ways or 
lanes, public or private, both abutting the whole area described 
and/or contained within the perimeter of said area, situate in 
Baltimore City, Maryland, and described as follows: 

400-420 Cathedral Street (partial taking) 
200-30 Centre Street 



111 



Ord. No. 247 



113 W. Franklin Street 

115 W. Franklin Street 

117 W. Franklin Street 

119 W. Franklin Street 

3 00 W. Franklin Street 

304 W. Franklin Street 

123 N. Greene Street 



506-14 N. Howard Street 



115 Library Court 

100 W. Mulberry Ctrcct (partial taking) 

110 W. Mulberry CtrcGt (partial taking) 

SEC. 3. AND BE IT FURTHER ORDAINED, That it is necessary to 
delete the following properties from the list of properties to be 
acquired in Ordinance No. 101, dated June 19, 1984; 

415 W. Franklin Street 

417 W. Franklin Street 

419 W. Franklin Street 

421 W. Franklin Street 

423 W. Franklin Street 

4 25 W. Franklin Street 

419 N. Paca Street 
421 N. Paca Street 
423 N. Paca Street 

SEC. 4. AND BE IT FURTHER ORDAINED, That the Real Estate 
Acquisition Division of the Department of the Comptroller, or 
such person or persons and in such manner as the Board of 
Estimates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter from 
time to time designate, is or are authorized to acquire on behalf 
of the Mayor and City Council of Baltimore and for the purposes 
described in this Ordinance, the fee simple interest or any 
lesser interest in and to the properties or portions thereof 
hereinabove mentioned. If the said Real Estate Acquisition 
Division of the Department of. the Comptroller, or such person or 
persons, and in such manner as the Board of Estimates in the 
exercise of the power vested in it by Article V, Section 5 of the 
Baltimore City Charter, may hereafter from time to time designate 
is or are unable to agree with the owner or owners on the 
purchase price for said properties or portions thereof, it or 
they shall forthwith notify the City Solicitor of Baltimore City, 
who shall thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire 
by condemnation the fee simple interest or any lesser interest in 
and to said properties or portions thereof. 



112 



Ord. No. 247 



SEC. 5. AND BE IT FURTHER ORDAINED, That the boundaries of 
certain existing disposition/development lots shall be modified 
and certain new disposition/development lots for future 
development shall be created, all as shown in the amended Urban 
Renewal Plan on Exhibit 2, Property Acquisition/Land 
Disposition/Development Areas, dated as revised September 30, 
1988, are hereby approved. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the land use 
changes indicated on Exhibit 1, Land Use Plan, dated as revised 
September 30, 1988 are hereby approved. 

SEC. 7. AND BE IT FURTHER ORDAINED, That Appendix A of the 
Urban Renewal Plan shall be hereby amended to clarify the Renewal 
Plan's overall intent that all properties shall be maintained 
from time to time consistent with the Property Rehabilitation 
Standards. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the revised 
Exhibits: Exhibit 1, entitled Land Use Plan; and Exhibit 2, 
entitled Property Acquisition/Land Disposition/Development Area, 
dated as revised September 30, 1988, are hereby approved. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the Renewal Plan approved hereby for the Market 
Center area may not meet the requirements as to the content of a 
renewal plan or the procedure for the preparation, adoption, and 
approval of renewal plans as provided in Article 13 of the 
Baltimore City Code (1983 Replacement Volume, as amended), the 
said requirements are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 10. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this Ordinance, or the 
application thereof to any person or circumstances is invalid, 
the remaining provisions and the application of such provisions 
to other persons or circumstances shall not be affected thereby, 
the Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this Ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, or 
the application thereof so held invalid. 

SEC. 11. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this Ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, 
plumbing, health, fire or safety ordinance or code or regulation, 
the applicable provisions concerned shall be construed so as to 
give effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision which 
establishes the higher standard for the promotion of the public 
health and safety shall prevail. In any case where a provision 
of this Ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in force 

113 



Ord. No. 248 



in the City of Baltimore which establishes a lower standard for 
the promotion and protection of the public health and safety, the 
provision of this Ordinance shall prevail, and the other existing 
provision of such other ordinance or code or regulation is hereby 
repealed to the extent that it may be found in conflict with this 
Ordinance. 

SEC. 12. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved March 15, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 2 48 

(Council Bill No. 437) 

AN ORDINANCE concerning 

PLANNED UNIT DEVELOPMENT 
SETON COURT 

FOR the purpose of approving the amended plan of development of 
the 2.3 23 2 acre tract of land bounded by the south side of 
29th Street, the west side of North Charles Street, the 
north side of 28th Street, and the east side of Maryland 
Avenue, as shown on the amended development plan 
accompanying this ordinance, submitted to the City Council 
by The Ilcngy J. — Knott DovclopnGnt Company, — acting ao 
contract purchaoer of the 2.1703 acre ocgmcnt of the land, 
)cnown ao 2000 - 20 4 6 North Chaglo9 StPGCt and 202 5 Maryland 
Avenue, and ao agent of Gcton High Gchool of Daltinore, 
Inc. , — owner of that 2.1703 acre oogment, — emd The James 
Partnership, owner of the remaining .1 4 00 acre oegment of 
%he 2.3232 acre tract of land, known as 2800- 2850 North 
Charles Street and 282 5 Maryland Avenue ; and authorizing 
development and maintenance of the land, as an offioo - a 
residential planned unit development; all pursuant to 
Sections 12.0-1 . 12.0-2 and 12.0-3 of Article 30 of the 
Baltimore City Code (1983 Replacement Volume, as amended), 
entitled "Zoning", as enacted by Ordinance No. 1051, 
approved April 20, 1971, as amended. 

WHEREAS, on November 14, 1988, The Henry J. Knott 
Development Company, herein called "Developer" , as contract 
purchaser of the 2.1763 acre segment of the 2.3232 acre tract of 
land bounded by the south side of 29th Street, the west side of 
North Charles Street, the north side of 28th Street, and the east 
side of Maryland Avenue, as shown on the amended development plan 
accompanying this ordinance, and as agent of Seton High School of 

114 



Ord. No. 248 



Baltimore, Inc., the then owner of that 2.1763 acre segment of 
the land, known as 2800-2846 North Charles Street and 2825 
Maryland Avenue, and The James Partnership, herein called 
"eo—Developer" , the current owner of the aforesaid 2.1763 acre 
segment of the land, and the owner of the remaining .1469 acre 
segment of the land, known as 2850 North Charles Street, met with 
the duly designated officer of the Planning Commission of 
Baltimore City, and held a preliminary conference with such 
officer, as to and about the scope and nature of the a proposed 
office-residential planned unit development on the land, 
preparatory to official submission to the City Council of a 
formal application for consideration of that planned unit 
development on the land, and, thereafter, made formal application 
to the City Council for -(-ir)- approval of the plan of development 
of the land, as requested in the formal application therefor-;— and 
Q3 ohown on the dGvclopmcnt plan ; and 

WHEREAS. The Developer again met with the duly designated 
officer of the Planning Commission of Baltimore City, and held 
another conference with such officer, as to and about the scope 
and nature of a proposed residential planned development on the 
land, preparatory to official submission to the City Council of a 
formal application for consideration of such planned development, 
instead of the office-residential planned development first 
reguested. and, thereafter, made formal application to the Citv 
Council for (i) approval of the amended plan of development of 
the land, as reguested in that formal application therefor, and 
as shown on the amended development plan now accompanying this 
ordinance, entitled "Seton Court" Amended Development Plan , 
comprised of Cover Sheet, with the Regulations for Seton Court 
Planned Development, dated February 21. 1989. made part of the 
amended development plan, and amended Sheets: S-1, Boundary and 
Topographical Survey; S-2, PUD Phase I Site and Landscape Plan; 
I-l, Site Plan, with Open Off -Street Parking; 1-2, Open 
Off-street Parking Elevations; 1-3, Seton School Building (Seton 
Building) Floor Plans; 1-4, Seton Building East Elevation; 1-5, 
Seton Building North Elevation; 1-6, Seton Building South 
Elevation; 1-7, Dell House Apartment-Office Building (Dell House) 
Floor Plans; and 1-8, Dell House Elevations; all revised on 
February 21. 1989 for Phase I of the planned unit development; 
and S-3, PUD Phase II and III Site and Landscape Plan; II-9, Site 
Plan, with Parking Garage Roof Level; 11-10, Parking Garage 
Level 1; 11-11, Parking Garage Level 2; 11-12 Parking Garage 
Level 3, with Parking Level 3 of Fifteen Story Office Building 
(Office Building); 11-13, Parking Garage Level 4, with Parking 
Level 4 of Office Building; 11-14, Office Building First Floor 
and Typical Floor Plans; 11-15, Seton and Office Buildings North 
Charles Street Elevations; 11-16, Office Building 29th Street 
Elevation; 11-17, Office and Seton Buildings, and Parking Garage, 
Maryland Avenue Elevations; 11-18, Parking Garage, and Seton and 
Office Buildings, 28th Street Elevations; and 11-19, Section at 
Garage and Plaza; all revised on February 21. 1989. for Phases II 
and III of the planned unit development; submitted by Developer 
and Co - DevGlopGr with their with its February 21. 1989 revised 

115 



Ord. No. 248 



application; and (ii) authorization to develop and maintain the 
land, as an office a residential planned unit development, in 
accordance with the approved amended plan of development, all by 
ordinance enacted pursuant to Sections 12.0-1 . 12.0-2 and 12.0-3 
of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended), entitled "Zoning", as enacted by Ordinance 
No. 1051, approved April 20, 1971, as amended; now, therefor, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the plan of development of the 2.3232 acre tract 
of land bounded by the south side of 29th Street, the west side 
of North Charles Street, the north side of 28th Street, and the 
east side of Maryland Avenue, as shown on the amended development 
plan accompanying this ordinance, entitled "Seton Court Amended 
Development Plan " , comprised of Cover Sheet, with the Regulations 
for Seton Court Planned Development, dated February 21. 1989. 
made an integral part of the amended development plan, and 
amended Sheets: S-1, Boundary and Topographical Survey; S-2, PUD 
Phase I Site and Landscape Plan; I-l, Site Plan, with Open 
Off-street Parking; 1-2, Open Off -Street Parking Elevations; 1-3, 
Seton School Building (Seton Building) Floor Plans; 1-4, Seton 
Building East Elevation; 1-5, Seton Building North Elevation; 
1-6, Seton Building South Elevation; 1-7, Dell House 
Apartment-Office Building (Dell House) Floor Plans; and 1-8, Dell 
House Elevations; all revised on February 21. 1989. for Phase I 
of the planned unit development; and S-3, PUD Phase II and III 
Site and Landscape Plan; II-9, Site Plan, with Parking Garage 
Roof Level; 11-10, Parking Garage Level 1; 11-11, Parking Garage 
Level 2; 11-12 Parking Garage Level 3, with Parking Level 3 of 
Fifteen Story Office Building (Office Building); 11-13, Parking 
Garage Level 4, with Parking Level 4 of Office Building; 11-14, 
Office Building First Floor and Typical Floor Plans; 11-15, Seton 
and Office Buildings North Charles Street Elevations; 11-16, 
Office Building 29th Street Elevation; 11-17, Office and Seton 
Buildings, and Parking Garage, Maryland Avenue Elevations; 11-18, 
Parking Garage, and Seton and Office Buildings, 28th Street 
Elevations; and 11-19, Section at Garage and Plaza; all revised 
on February 21. 1989. for Phases II and III of the planned unit 
development; be and the same is hereby approved, as requested in 
the revised formal application for approval thereof, and 
development and maintenance of the land, as an office - a 
residential planned unit development, in accordance with the 
approved amended plan of development, including the aforesaid 
revised formal application, be and the same are hereby 
authorized, the final exterior design features of the parking 
garage and the fifteen story building in Phases II and III of the 
Planned unit development, however, being subject to further 
approval by the Planning Commission as conforming with the 
approved plans: all pursuant to Sections 12.0-1 . 12.0-2 and 
12.0-3 of Article 30 of the Baltimore City Code ( 1070 Edition, 
1983 Replacement Volume , as amended ) . entitled "Zoning", as 
enacted by Ordinance No. 1051, approved April 20, 1971, as 
amended, hereinafter called "Zoning Ordinance", to the end and 
intent that the approved office residential planned unit 

116 



^ 



Ord. No. 249 



development, hereby established on the land, be delineated and 
designated on Sheet No. 3 5 of the Zoning Maps of the Zoning 
Ordinance, and that development and maintenance of the land 
conform to the details and specifications of the approved amended 
plan of development, as to uses, lot areas and coverages, 
density, yards, building heights, floor area ratios and 
off-street parking, in lieu of those otherwise applicable in the 
R 3 Office ReaidcncG district Districts in which the land is 
located, so as to produce a well designed development that will 
have a beneficial effect upon the health, safety, security and 
general welfare of neighboring areas and the City generally. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the amended development plan which is a part 
hereof and in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the City 
Council shall sign the amended development plan, and when the 
Mayor approves the ordinance, he shall sign the amended 
development plan. The City Treasurer shall then transmit a copy 
of the ordinance and one of the amended development plans to the 
Board of Municipal and Zoning Appeals, the Planning Commission, 
the Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 3 0th day after the date of its 
enactment. 

Approved March 15, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 2 49 

(Council Bill No. 324) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 4 00 MILLINGTON AVENUE 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of housing for the elderly on the 
property bounded by Millington Avenue, Dulaney Street, 
Lehman Street and an unnamed alley, as outlined in red on 
plats accompanying this ordinance. 

BY Authority 

Article 30-Zoning 

Sections 4.8-l(d)(5) and 11.0-6d 

117 



Ord. No. 250 



Baltimore City Code (1983 Replacement Volume, as amended) 

SEC. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of housing for the 
elderly on the property bounded by Millington Avenue, Dulaney 
Street, Lehman Street and an unnamed alley, as outlined in red on 
the plats accompanying this ordinance, under the provisions of 
Sections 4.8-l(d)(5) and 11.0-6d of Article 30 of the Baltimore 
City Code (1983 Replacement Volume, as amended) titled "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



Approved March 23, 1989 



Kurt L. Schmoke, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 250 
(Council Bill No. 400) 

AN ORDINANCE concerning 

ZONING CODE - DAY CARE CENTERS, 
NURSERY SCHOOLS 

FOR the purpose of adding day nurseries, group day care centers 
and nursery schools to the list of pormittGd conditional 
uses in Industrial Districts. 

BY adding 

Article 30 - Zoning 
Chapter 7 - Industrial Districts 
Sections 7.1 - lb - 20q 7.1-lc-3b and 7.2-lc-4b 
Baltimore City Code (1983 Replacement Volume, as 
amended) 



118 



Ord. No. 25.1 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING 

Chapter 7 - Industrial Districts 

7.1 M-1 Industrial District 

1. Use regulations 

h-. — rcrittittcd uoco 
c. Conditional uses 

^^h 3B. DAY NURSERIES, GROUP DAY CARE 
CENTERS, AND NURSERY SCHOOLS 

Zl2 M-2 Industrial District 

1. Use regulations 

c. Conditional uses 

4B. DAY NURSERIES. GROUP DAY CARE CENTERS. 
AND NURSERY SCHOOLS 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 251 

(Council Bill No. 410) 

AN ORDINANCE concerning 

URBAN RENEWAL - BARCLAY 
AMENDMENT NO. 2 



FOR the purpose' of amending the Urban Renewal Plan for Barclay 
to, among, other things, authorize the acquisition of 
certain properties in the 400 block of East 21st Street and 
the 2000 block of Greenmount Avenue; create certain a 
disposition lots; revise Appendiceo and certain Exhibits 
attached to the Urban Renewal Plan to reflect the changes 

119 



Ord. No. 251 



provided herein; waive such requirements, if any, as to 
content or procedure for the preparation, adoption, and 
approval of renewal plans as set forth in Article 13 of the 
Baltimore City Code which the amended Plan may not meet; 
provide for the separability of the various parts and 
provisions of this Ordinance; provide that where the 
provisions of this Ordinance shall conflict with any other 
ordinance in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and 
provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for Barclay was originally 
approved by the Mayor and City Council of Baltimore by Ordinance 
927, dated December 13, 1978, and amended by Ordinance 772, dated 
September 1, 1982; and 

WHEREAS, It is necessary to amend the Urban Renewal Plan for 
Barclay to acquire certain vacant blighted properties and to 
create a Disposition Lots for these properties; and 

WHEREAS, Pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended) , no substantial change or 
changes shall be made in any renewal plan, after approval by 
ordinance, without such change or changes first being adopted and 
approved in the same manner as set forth in said Article 13 for 
the approval of a renewal plan; and 

WHEREAS, In accordance with the provisions of Section 25(h) 
of said Article 13, when a Councilmember initiates an amendment 
to an existing renewal plan, such bill shall be sent to the 
Department of Housing and Community Development and to the 
Planning Commission for recommendation and report; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the amended Urban Renewal Plan for Barclay, 
identified as "Urban Renewal Plan, Barclay; revised to include 
Amendment No. i 2., dated September 1, 1002 1988 " . having been 
duly reviewed and considered, is hereby approved and the Clerk of 
the City Council is hereby directed to file a copy of said 
amended Urban Renewal Plan with the Department of Legislative 
Reference as a permanent public record and to make the same 
available for public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is necessary to 
acquire, by purchase or by condemnation, for urban renewal 
purposes, the fee simple interest or any lesser interest in and 
to certain properties or portions thereof, together with all 
right, title, interest and estate that the owner or owners of 
said property interests may have in all streets, alleys, ways or 
lanes, public or private, both abutting the whole area described 
and/or contained within the perimeter of said area, situate in 
Baltimore City, Maryland, and described as follows: 

120 



Ord. No. 251 



423 E. 21st Street 
427 E. 21st Street 
2026 /30 Greenmount Avenue 

SEC. 3. AND BE IT FURTHER ORDAINED, That the Real Estate 
Acquisition Division of the Department of the Comptroller, or 
such person or persons and in such manner as the Board of 
Estimates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter from 
time to time designate, is or are authorized to acquire on behalf 
of the Mayor and City Council of Baltimore and for the purposes 
described in this Ordinance, the fee simple interest or any 
lesser interest in and to the properties or portions thereof 
hereinabove mentioned. If the said Division, person or persons is 
or are unable to agree with the owner or owners on the purchase 
price for said properties or portions thereof, it or they shall 
forthwith notify the City Solicitor of Baltimore City, who shall 
thereupon institute in the name of the Mayor and City Council of 
Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interest or any lesser interest in 
and to said properties or portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, That it is hereby 
recommended that Disposition Lot 12 for buaincso Community 
Commercial use be created for the properties known as 423 and 427 
E. 21st Street and 2026 /30 Greenmount Avenue. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the following 
Appendix and revised Exhibits are hereby approved: Appendix A, 
Propegtieo fog Aequiaition and Diopooition fog Rehabilitation; 
Exhibit 2, Property Acquisition-^ and Exhibit 3, Land Disposition. 

SEC. 6. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said amended Urban Renewal Plan approved 
hereby may not meet the requirements as to the content of a 
renewal plan or the procedures for the preparation, adoption, and 
approval of renewal plans, as provided in Article 13 of the 
Baltimore City Code (1983 Replacement Volume, as amended) , the 
said requirements are hereby waived and the amended Urban Renewal 
Plan approved hereby is exempted therefrom. 

SEC. 7. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this Ordinance, or the 
application thereof to any person or circumstances is invalid, 
the remaining provisions and the application of such provisions 
to other persons or circumstances shall not be affected thereby, 
the Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, or 
the application thereof so held invalid. 

SEC. 8. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this Ordinance concerns the same subject matter as 

121 



Ord. No. 252 



an existing provision of any zoning, building, electrical, 
plumbing, health, fire or safety ordinance or code or regulation, 
the applicable provisions concerned shall be construed so as to 
give effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision which 
establishes the higher standard for the promotion of the public 
health and safety shall prevail. In any case where a provision 
of this Ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard for 
the promotion and protection of the public health and safety, the 
provision of this Ordinance shall prevail, and the other existing 
provision of such other ordinance or code or regulation is hereby 
repealed to the extent that it may be found in conflict with this 
Ordinance. 

SEC. 9. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 252 

(Council Bill No. 441) 

AN ORDINANCE concerning 

CAPITAL APPROPRIATION TRANSFER - DEPARTMENT OF PUBLIC 
WORKS TO BALTIMORE CITY PUBLIC SCHOOLS 



FOR the purpose of transferring a capital appropriation in the 
amount of Three Million Dollars ($3,000,000) from the 
Department of Public Works (9916-197-134) to Baltimore City 
Public Schools (9932-419-026) to be used for renovations to 
Walbrook High School. 

BY authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of 
Baltimore City (1964 Revision, as amended) provides, that upon 
recommendation of the Board of Estimates, the City Council by 
ordinance may authorize the transfer of an appropriation 
contained in the Ordinance of Estimates from one municipal agency 
to another municipal agency; and 



122 



Ord No. 253 



WHEREAS, The sum of $3,000,000 was previously appropriated 
to capital funds in the Department of Public Works for City Wide 
Asbestos programs; and said $3,000,000 is now needed for use by 
the Baltimore City Public Schools; and 

WHEREAS, The capital appropriation transfer ordained herein 
has been recommended to the City Council by the Board of 
Estimates, said recommendation having been made at a regular 
meeting of the Board held on the 7th day of December, 1988, all 
in accordance with Article VI, Section 2 (i) of the Baltimore 
City Charter (1964 Revision, as amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 2 
(i) of the 1964 Revision of the Charter of Baltimore City, the 
sum of Three Million Dollars ($3,000,000) contained in a capital 
appropriation for the Department of Public Works (9916-197-134) 
shall be transferred to the Baltimore City Public Schools (9932- 
419-026) . The amount thus made available to the Baltimore City 
Public Schools as a capital appropriation shall be used for the 
renovations to Walbrook High School. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 253 

(Council Bill NO. 442) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION - 
BALTIMORE CITY PUBLIC SCHOOLS 

FOR the purpose of providing a supplementary special fund 

capital appropriation in the amount of Three Million Two 
Hundred Thirty Eight Thousand Nine Hundred Twenty Five 
Dollars and Thirty Seven Cents ($3,238,925.37) to the 
Baltimore City Public Schools (9932-419-026) to be used for 
Walbrook High School renovations. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated represents proceeds from a 
Federal (EPA) Loan which could not be expected with reasonable 

123 



Ord. No. 254 



certainty at the time of the formulation of the proposed 
Ordinance of Estimates for the fiscal year ending June 30, 1989 
in accordance with Article VI, Section 2(h)(3) of the Baltimore 
City Charter (1964 Revision, as amended) ; and 

WHEREAS, This supplementary special fund capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a tegular meeting of the Board held on the 
7th day of December, 1988, all in accordance with Article VI, 
Section 2 (h) (3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 2 
(h) (3) of the 1964 Revision of the Charter of Baltimore City, the 
sum of Three Million Two Hundred Thirty Eight Thousand Nine 
Hundred Twenty Five Dollars and Thirty Seven Cents 
($3,238,925.37) shall be made available to the Baltimore City 
Public Schools (9932-419-026) as a supplementary special fund 
capital appropriation for the fiscal year ending June 30, 1989 
for the purpose of renovations to Walbrook High School. The 
amount thus made available as a supplementary special fund 
capital appropriation shall be proceeds from a Federal (EPA) Loan 
which could not be expected with reasonable certainty at the time 
of formulation of the fiscal 1989 Ordinance of Estimates; and 
said proceeds from a Federal (EPA) Loan shall be the source of 
revenue for this supplementary special fund capital 
appropriation, as required by Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



i 



CITY OF BALTIMORE 

ORDINANCE NO. 254 

(Council Bill NO. 443) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION 
BALTIMORE CITY PUBLIC SCHOOLS 



FOR the purpose of providing a supplementary special fund 

capital appropriation in the amount of Three Million Dollars 
($3,000,000) to the Baltimore City Public Schools (9932- 
419-026) to be used for Walbrook High School renovations. 



124 



Ord. No. 255 



BY authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated represents proceeds from 
State Funds ($2,500,000) and a Federal Grant ($500,000) which 
could not be expected with reasonable certainty at the time of 
formulation of the proposed Ordinance of Estimates for the fiscal 
year ending June 30, 1989 in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

WHEREAS, This supplementary special fund capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
7th day of December, 1988, all in accordance with Article VI, 
Section 2 (h) (2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 2 
(h) (2) of the 1964 Revision of the Charter of Baltimore City, the 
sum of Three Million Dollars ($3,000,000) shall be made available 
to the Baltimore City Public Schools (9932-419-026) as a 
supplementary special fund capital appropriation for the fiscal 
year ending June 30, 1989 for the purpose of renovations to 
Walbrook High School. The amount thus made available as a 
supplementary special fund capital appropriation shall be 
proceeds from State Funds ($2,500,000) and a Federal Grant 
($500,000) which could not be expected with reasonable certainty 
at the time of formulation of the fiscal 1989 Ordinance of 
Estimates; and said proceeds from State Funds and a Federal Grant 
shall be the source of revenue for this supplementary special 
fund capital appropriation, as required by Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 255 

(Council Bill No. 453) 

AN ORDINANCE concerning 



125 



Ord. No. 256 



PARKING - RESERVED 
PONCA STREET 

For the purpose of providing for reserved parking on the west 
side of Ponca Street for Marie Skruch. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That on Ponca Street, west side, from 108' south of 
Fait Avenue to a point 13 0' south of Fait Avenue, parking is 
reserved for Marie Skruch, displaying a permit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 256 

(Council Bill No. 486) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 863 approved December 
23, 1986, which provided for reserved parking on the south 
side of Montpelier Street for Casandra Knight Donaldson. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 863, approved December 23, 1986, is 
hereby repealed and the authorization for reserved parking on the 
south side of Montpelier Street east of Homewood Avenue for 
Casandra Knight Donaldson therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 257 
(Council Bill No. 493} 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 
126 



Ord. No. 258 



FOR the purpose of repealing Ordinance No. 50, approved April 20, 
1988, which provided for reserved parking on the east side 
of Woodington Road for Marjorie A. Coleman. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 50, approved April 20, 1988, is 
hereby repealed and the authorization for reserved parking on the 
east side of Woodington Road from 80' south of Gelston Drive to 
102' south of Gelston Drive therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 258 
(Council Bill No. 494) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 807, approved October 
27, 1986, which provided for reserved parking on the south 
side of Harlem Avenue for Doris Drumwright. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 807, approved October 27, 1986, is 
hereby repealed and the authorization for reserved parking on the 
south side of Harlem Avenue from 38' west of Appleton Street to 
60' west of Appleton Street therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 259 

(Council Bill No. 495) 

AN ORDINANCE concerning 

127 



Ord. No. 260 



REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 903, approved March 
27, 1987, which provided for reserved parking on the south 
side of Foster Avenue for Daniel V. DiMarino. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 903, approved March 27, 1987, is 
hereby repealed and the authorization for reserved parking on the 
south side of Foster Avenue from 65' west of East Avenue to 87' 
west of East Avenue therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



Approved March 23, 1989 



KURT L. SCHMOKE Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 260 

(Council Bill No. 496) 

AN ORDINANCE concerning 

CITY COUNCIL PARKING PERMITS 

FOR the purpose of removing City Council parking spaces on the 
south side of Fayette Street. 

BY repealing and reordaining with amendments 
Article 31 - Transit and Traffic 
Section 25 
Baltimore City Code (1983 Replacement Volume, as aunended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

City Council 

25. City Council permits. 

All members of the City Council, the Chief Clerk of the City 
Council, the Fiscal Adviser to the City Council, the Director of 
the Department of Legislative Reference, and no other person, 
shall be issued special permits by the Commissioner of Transit 
and Traffic, which shall be displayed on their vehicles and which 



128 



Ord. No. 261 

will entitle them and no other person to park at the following 
locations: 

(a) Fayette Street, north side, from Gay Street to Holliday 
Street, between 8 a.m. and 6 p.m. 

[(b) Fayette Street, south side, from a point 90 feet west 
of Gay Street to a point 134 feet west of Gay Street, between 8 
a.m. and 6 p.m. ] 

r (c) 1 fb) Lexington Street, south side, from Holliday Street 
to Gay Street, between 8 a.m. and 6 p.m. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 23, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 261 

(Council Bill No. 325) 

AN ORDINANCE concerning 

COMPREHENSIVE FIRE PROTECTION PLAN 

FOR the purpose of requiring the Board of Fire Commissioners to 
develop a comprehensive fire protection plan, providing for 
its manner of approval, and providing for the amendment of 
the plan. 

BY authority of 

Article VII - Executive Departments 

Section 45 

Charter of Baltimore City (1964 Revision, as amended) 

BY adding to 

Article 9 - Fire Department and Fire Code 

Section 8A 

Baltimore City Code (1983 Replacement Volume, as amended) 

Whereas, During the course of budget deliberations in the 
spring of 1988 the city administration proposed the closing and 
relocation of certain fire units in the city; and 

Whereas, While studying these proposals the City Council 
discovered that, unlike the plans the city routinely proposes and 
adopts in such fields as water and waste water, solid waste and 
the critical area plans, in the field of fire protection the City 



129 



Ord. No. 261 



had no City -vide Comprehensive Fire Protection Plan in published 
form; and 

Whereas, The Mayor and City Council deem it necessary to 
develop a Comprehensive Fire Protection Plan to aid in long-term 
fiscal and capital planning; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or eunended, 
to read as follows: 

ARTICLE 9 - FIRE DEPARTMENT AND FIRE CODE 

Fire Department 

8A. COMPREHENSIVE FIRE PROTECTION PLAN. 

A. COMMENCING JANUARY 1, 1989, AND EVERY * 5 YEARS 
THEREAFTER, IT SHALL BE THE DUTY OF THE BOARD OF FIRE 
COMMISSIONERS TO PRESENT TO THE MAYOR AND CITY COUNCIL A WRITTEN, 
COMPREHENSIVE BALTIMORE CITY FIRE PROTECTION PLAN IN WHICH THE 
CITY IS REGARDED AS ONE TERRITORIAL UNIT. THE PLAN SHALL 
INCLUDE, BUT NOT BE LIMITED TO: 

(1) SPECIFIC RECOMMENDATIONS FOR EQUIPMENT AND 
PERSONNEL AND THEIR LOCATIONS FOR THE FIRE SUPPRESSION COMPANIES, 
TRUCK COMPANIES AND THE EMERGENCY MEDICAL CARE COMPANIES FOR THE 
NEXT * 5 FISCAL YEARS; 

(2) PROPOSED FUTURE CONSOLIDATIONS, RELOCATIONS OR 
REDUCTIONS OF FIRE SUPPRESSION AND EMERGENCY MEDICAL CARE UNITS; 

(3) THE CRITERIA USED BY THE BOARD IN DETERMINING THAT 
A FIRE SUPPRESSION UNIT, A TRUCK COMPANY OR AN EMERGENCY MEDICAL 
CARE UNIT SHOULD BE CLOSED OR CONSOLIDATED. 

B. THE PLAN SHALL BE BASED ON THE FOLLOWING FACTORS: 

(1) POPULATION DENSITY 

(2) STREET AND TRAFFIC PATTERNS 

(3) GEOLOGICAL AND TOPOGRAPHIC CONSIDERATIONS 

(4) MODERNIZATION OF EQUIPMENT 

(5) TYPES AND USES OF STRUCTURES 

(6) FINANCIAL CONSIDERATIONS 

(7) THE PRESENCE OF ANY HAZARDOUS MATERIALS 

(8) ANY OTHER FACTORS DETERMINED BY THE BOARD TO BE 

CONNECTED WITH FIRE PROTECTION AND EMERGENCY 
MEDICAL SERVICE 

C. BEFORE THE PLAN IS ADOPTED BY THE BOARD OF FIRE 
COMMISSIONERS, THE BOARD SHALL HOLD A PUBLIC HEARING TO OFFER 
CONCERNED CITIZENS AN OPPORTUNITY TO PRESENT TESTIMONY ON A THE 
PROPOSED PLAN. 

130 



1 



Ord. No. 262 



D. AFTER THE FIRE PROTECTION PLAN HAS BEEN ADOPTED BY THE 
BOARD OF FIRE COMMISSIONERS, THE FIRE COMMISSIONERS SHALL PRESENT 
IT TO THE MAYOR FOR APPROVAL REVIEW AND RECOMMENDATION . AFTER THE 
MAYOR ATPROVEC REVIEWS THE PLAN, THE MAYOR SHALL FORWARD IT TO 
THE CITY COUNCIL FOR HEARING AND REVIEW. 

E. FOLLOWING APPROVAL REVIEW OF THE PLAN BY THE MAYOR AND 
CITY COUNCIL, THE BOARD OF FIRE COMMISSIONERS SHALL ACT IN 
CONFORMANCE WITH THE PLAN AND NO PERMANENT, SUBSTANTIVE CHANGES 
SHALL BE MADE TO THE FIRE PROTECTION PLAN WITHOUT THE CHANGES 
FIRST BEING ADOPTED AND APPROVED REVIEWED IN THE SAME MANNER AS 
SET FORTH IN THIS SECTION FOR THE APPROVAL OF THE PLAN 
ORIGINALLY. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the provisions of 
this section are not intended and should not be construed to be 
in any way in conflict with or in contradiction of the powers of 
the Board of Estimates in relation to the Ordinance of Estimates 
as prescribed in Article VI of the Charter of Baltimore City 
(1964 Revision, as amended) . 

SEC 3. AND BE IT FURTHER ORDAINED, That if any provision of 
this ordinance or the application thereof to any person or 
circumstance is held invalid for any reason in a court of 
competent jurisdiction, the invalidity does not affect other 
provisions or any other application of. this ordinance which can 
be given effect without the invalid provision or application, and 
for this purpose the provisions of this ordinance are declared 
severable. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 2 62 

(Council Bill No. 335) 

AN ORDINANCE concerning 

PARKING CONTINUOUSLY 

FOR the purpose of restoring to the list of vehicles exempted 
from the 18-hour parking limit a category erroneously 
omitted from an amendment to the Code. 

By repealing and reordaining with amendments 
Article 31 - Transit and Traffic 
Section 60 

131 



Ord. No. 263 



Baltimore City Code (1983 Replacement Volume, as eunended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

PARKING CONTINUOUSLY 

60. Restrictions 

No vehicle shall be permitted to stand more than 18 hours 
continuously in the same location. Provided, however, that 
nothing herein contained shall be applicable to vehicles of the 
Police Department or the Fire Department, or to any emergency 
vehicle belonging to the City or to any public utility, or to 
vehicles belonging to physicians or undertakers, OR TO VEHICLES 
WITH DISABLED PERSON REGISTRATION PLATES, and provided further, 
that nothing herein contained shall be construed to modify in any 
way the restrictions or provisions of any ordinance or regulation 
as to parking of vehicles on any boulevard or through street, but 
such restrictions and provisions shall continue in effect as if 
this section had not been passed. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 263 

(Coiincil Bill Mo. 422) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 105 

FOR the purpose of consenting to and approving a Petition for the 
Extension of the Metropolitan District of Baltimore County 
to a tract of land consisting of 23.3 acres in the Fourth 
Election District located in the vicinity of Thoroughbred 
Land and Bonita Avenue, District 4 /CI, George P. Mahoney 
Property, and in accordance with the provisions of Chapter 
539 of the Acts of the General Assembly of Maryland of 1924, 
as amended by Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Petition for the Extension of the 

132 



Ord. No. 264 



Metropolitan District of Baltimore County to a tract of land in 
the Fourth Election District of Baltimore County located in the 
vicinity of Thoroughbred Lane and Bonita Avenue, District 4 /CI, 
more particularly shown on a plat filed in the Department of 
Public Works of Baltimore County numbered 105, is in accordance 
with the authority granted by Chapter 539 of the Acts of the 
General Assembly of Maryland of 1924, and amended by Chapter 515 
of the Acts of 1955 hereby consented to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 264 

(Council Bill No. 468) 

AN ORDINANCE concerning 

MUNICIPAL MARKETS ADMINISTRATION 
MARKET APPEALS BOARD 

FOR the purpose of altering the membership of the Market 
Appeals Board, and clarifying certain language. 

BY repealing and reordaining with amendments 
Article 16 - Markets 

Subtitle "Retail Market Days and Hours" 
Section 5 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 16 - MARKETS 

Retail Market Days and Hours 

5 . Hours . 

fa) Except as to the Wholesale Fish Market for which a 
separate provision is made and except as otherwise .provided in 
this section, market hours at the several markets shall begin at 
6 o'clock a.m. and end at 6 o'clock p.m. on all market days. On 
Saturdays, market hours shall begin at 6 o'clock a.m. and end at 
10 o'clock p.m. The hours specified herein as market hours for 
Saturday shall also apply to the days immediately preceding the 

133 



Ord. No. 265 



Fourth of July, Thanksgiving Day, Christinas Day and New Yesir's 
Day unless the day immediately preceding any such specified 
holiday would fall on a Sunday. Provided, however, that the 
Mayor shall have the right, after meeting with the merchants for 
that purpose, to change the periods during which any or all of 
the markets are to be opened to cover periods not specified 
hereinabove when, in his opinion, the best interests of the 
public markets will be served by such change. 

(h) The Mayor may cancel an existing lease, after giving 30 
days' notice in writing by certified mail, of any merchant 
failing to conform to the designated hours, when, in the opinion 
of the Mayor, such cancellation is in the best interest of the 
public markets. An aggrieved merchant can appeal a notice of 
cancellation within 15 days of its receipt to the Market Appeals 
Board for its review and decision. The members of the board are 
the Commissioner of the Department of Housing and Community 
Development or [his] THE COMMISSIONER'S designee, the [Director 
of the Mayor's Advisory Committee on Small Business or his] THE 
PRESIDENT OF THE BALTIMORE ECONOMIC DEVELOPMENT CORPORATION OR 
THE PRESIDENT'S designee, the President of the Market Association 
WHERE THE STALL SPACE IS LOCATED, and a member of the City 
Council appointed by the President of the Council. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on 3 0th day after the date of its enactment. 

Approved April 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 265 

(Council Bill No. 160) 

AN ORDINANCE concerning 

UNREGISTERED VEHICLES 

FOR the purpose of regulating the use of motorcycles, minibikes 
and off-the-road motorcycles and providing penalties. 

By repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Unregistered Vehicles 
Section 85 
Baltimore City Code (1983 Replacement volume, as eunended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed or amended, to 
read as follows: 

134 



Ord. No. 265 

ARTICLE 19 - POLICE ORDINANCES 
UNREGISTERED VEHICLES 
85. A. Unregistered motorcycles and related vehicles regulated. 

(1) It is unlawful for any person to ride or drive, or for 
an ovmer knowingly to permit to be ridden or driven, on private 
property or on public property in Baltimore City any unregistered 
motorcycle or related vehicle of a type required to be registered 
under the vehicle laws of the State of Maryland (Article 66 1/2, 
Maryland Code Annotated) for travel on highways. 

(2) The term "motorcycle or related vehicle" means a motor 
vehicle having a saddle for the use of the rider and designed to 
travel on not more than three wheels in contact with ground, and 
includes motor scooters, mini-bikes and bicycles with motor 
attached, but excludes tractors, snowblowers, lawn mowers, or 
golf carts while being used for their designed purpose. 

[(3) Any person violating the provisions of this section 
shall be guilty of a misdemeanor, and upon conviction thereof 
shall be fined not less than twenty-five dollars nor more than 
one hundred dollars for each offense.] 

B. MINIBIKES AND OFF-THE-ROAD MOTORCYCLES. 

(1) DEFINITIONS. 

(a) "MINIBIKE" MEANS A MOTOR VEHICLE THAT: 

(I) HAS A SADDLE FOR THE USE OF THE RIDER; 

(II) IS DESIGNED TO TRAVEL ON NOT MORE THAN 3 
WHEELS IN CONTACT WITH THE GROUND; 

(III) IS NOT SUBJECT TO REGISTRATION UNDER TITLE 
13 OF THE TRANSPORTATION ARTICLE OF THE 
ANNOTATED CODE OF MARYLAND; 

(IV) DOES NOT INCLUDE A FARM TRACTOR. 

(b) "OFF-THE ROAD MOTORCYCLE" MEANS A MOTORCYCLE NOT 

OTHERWISE REGISTERED UNDER THE TRANSPORTATION 
ARTICLE OF THE ANNOTATED CODE OF MARYLAND. IT 
INCLUDES MOTORCYCLES NOT ELIGIBLE FOR REGISTRATION 
AND MOTORCYCLES COMMONLY REFERRED TO AS "DIRT 
BIKES" AND ALL-TERRAIN VEHICLES OR ATV'S OF BOTH 
THE 3 AND 4 WHEEL VARIETY. 

(C) "PRIVATE PROPERTY" MEANS PROPERTY THAT IS NOT USED 
BY THE PUBLIC AS A MATTER OF RIGHT. 



135 



Ord. No. 266 



(2) A PERSON MAY NOT DRIVE A MINIBIKE OR OFF-THE-ROAD 
MOTORCYCLE ON PRIVATE PROPERTY IN BALTIMORE CITY WITHOUT 
POSSESSING THE EXPRESS WRITTEN PERMISSION OF A PERSON WITH AN 
INTEREST IN THE PROPERTY. 

(3) A PERSON MAY NOT DRIVE A MINIBIKE OR OFF-THE-ROAD 
MOTORCYCLE ON PRIVATE PROPERTY IN THIS CITY WITHIN 500 FEET OF 
ANY DWELLING WITHOUT POSSESSING THE EXPRESS WRITTEN PERMISSION OF 
AN ADULT RESIDENT OF EACH AND EVERY DWELLING WITHIN THAT 
DISTANCE. 

(4) A PERSON MAY NOT DRIVE A MINIBIKE OR OFF-THE-ROAD 
MOTORCYCLE OR PRIVATE PROPERTY IN THIS CITY BETWEEN THE HOURS OF 
8:00 P.M. AND 7:00 A.M. 

C. PENALTIES. 

ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION SHALL BE 
GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF, SHALL BE 
FINED NOT MORE THAN $100 FOR EACH OFFENSE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved April 14, 1989 

KURT L. SCHMOKE, Mayor 



i 



CITY OF BALTIMORE 

ORDINANCE NO. 2 66 

(Council Bill No. 513) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 398, approved June 11, 
1985, which provided for reserved parking on the south side 
of Ulman Avenue for Ethel Mae House. 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 398, approved June 11, 1985, is 
hereby repealed and the authorization for reserved parking on the 
south side of Ulman Avenue west of Reisterstown Road, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 14, 1989 

KURT L. SCHMOKE, Mayor 

136 



Ord. No. 267 

CITY OP BALTIMORE 

ORDINANCE NO. 267 

(Council Bill No. 514) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 797, approved 

October 22, 1986, which provided for reserved parking on the 
north side of Druid Park Drive for Inez Russell. 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 797, approved October 22, 1986, is 
hereby repealed and the authorization for reserved parking on the 
north side of Druid Park Drive west of Greenspring Avenue, is 
hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 14, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 2 68 

(Council Bill No. 387) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY 

FOR the purpose of establishing a procedure for naming city 
property . 

BY adding to 

Article 1 - Mayor, City Council, and Municipal Agencies 
To be under a new Subtitle "Naming City Property" 
Section(s) - 229 

Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION 1.' BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 



137 



Ord. No. 268 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

NAMING CITY PROPERTY 

229. 

-f*3 — Whcnovop an ogdinQncc io intgoduecd in the City Couneil 
to nano or renanc any propcpty of the Mayor and City Council, the 
ordinaneo shall be referred for written report and reconiBcndation 
to the Planning Department and the head of the nunicipal agency 
that hao jurisdiction over the property. 

■i^ — Upon receipt of the written reporto and roeonnendati o no 
of the Planning Cominission and the head of the municipal agency 
that has jurisdiction over the property, — the City Council may 
approve the ordinance. 

(A) DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE 
MEANINGS I NDICATED UNLESS THEI R CONTEXT CLEARLY INDICATES 
OTHERWISE. 

fl) CITY PROPERTY MEANS ANY PROPERTY OR PART THEREOF 
OWNED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE OR gY ANY 
MUNICIPAL AGENCY AND INCLUDES ANY PROPERTY LEASED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE OR ANY MUNICIPAL AGENCY FOR A TERM 
LONGER THAN 7 YEARS. 

(2) MUNICIPAL AGENCY SHALL INCLUDE ALL DEPARTMENTS. 
BUREAUS. BOARDS. COMMISSIONS. OFFICES. OR TRUSTEES. AND PERSONS 
NOT EMBRACED IN A DEPARTMENT WHO EXERCISE AUTHORITY COMPARABLE TO 
THAT OF HEADS OF DEPARTMENTS OR BUREAUS. 

(B) CITY PROPERTY SHALL BE NAMED OR RENAMED BY AN ORDINANCE 
OF THE MA YOR AND CIT Y COUNCIL. 

fC) WHEN LEGISLATION IS INTRODUCED INTO THE CITY COUNCIL TO 
NAME OR RENAME CITY PROPERTY. THE LEGISLATION SHALL BE REFERRED 
TO THE PLANNING COMMISSION. THE MUNICIPAL AGENCY THAT HAS OR WILL 
HAVE CONTROL OVER THE CITY PROPERTY. THE DEPARTMENT OF REAL 
ESTATE. AND ANY OTHER AGENCY THAT MAY HAVE AN INTEREST IN NAMING 
THE CITY PROPERTY. 

fl) WITHIN 3 DAYS AFTER REFERRAL. THE PLANNING 
COMMISSION AND THE MUNICIPAL AGENCY IN CONTROL OF THE CITY 
PROPERTY SHALL SUBMIT REPORTS. IF THE REPORTS ARE NOT RECEIVED 
WITHIN THE 3 DAY TIME PERIOD. THE CITY COUNCIL MAY ACT ON THE 
LEGISLATION. 

(D) ON OR BEFORE JULY 1. 1989. ALL MUNICIPAL AGENCIES SHALL 
SUBMIT TO THE PLANNING COMMISSION AN INVENTORY OF ALL NAMED AND 
UNNAMED CITY PROPERTY UNDER THEIR CONTROL. ON OR BEFORE 
SEPTEMBER 1. 1989. THE PLANNING COMMISSION SHALL SUBMIT A 
CONSOLIDATED INVENTORY OF ALL NAMED AND UNNAMED CITY PROPERTY TO 
THE MAYOR AND CITY COUNCIL. A COPY OF THE REPORT SHALL BE FIL^D 
WITH THE DEPARTMENT OF LEGISLATIVE REFERENCE. 

138 



Ord. No. 269 



-feVfE) THIS SUBTITLE SHALL NOT APPLY TO THE NAMING OF 
STREETS AS PROVIDED IN ARTICLE 27, SECTIONS 18 THROUGH 22, OF THE 
BALTIMORE CITY CODE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved April 21, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 269 

(Council Bill No. 450) 

AN ORDINANCE concerning 

FRANCHISE FOR AN ENTRY CANOPY 
100 MARKET PLACE 

FOR the purpose of granting permission and authority to Candler 

Associates, a Delaware partnership, its tenants, successors, 
and assigns to use and maintain, at its own cost and expense 
a concrete entry canopy supported by brick-faced columns, 
extending 15 feet out from the front of the building with a 
width of approximately 43 feet 6 inches subject to certain 
terms, provisions, and conditions. 

BY authority of 

Article VIII - Franchises 

Charter of Baltimore City (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission and authority are hereby be granted to 
Candler Associates, a Delaware partnership, its tenants, 
successors, and assigns, hereinafter referred to as the "Grantee" 
to use and maintain, at its own cost and expense, for a period of 
25 years, the following structure: 

A concrete entry canopy at the entrance to the building 
located at 100 Market Place, known as the Candler Building. The 
canopy will extend approximately 15 feet out from the front of 
the building and have a width of approximately 4 3 feet 6 inches. 
The canopy will be supported by 2 brick-faced columns and will 
have a height of approximately 23 feet 4 inches not including the 
ornamentation on its top. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the entry canopy 
shall be maintained in compliance with all applicable laws and 
regulations of Baltimore City. The maintenance of the canopy 
shall be under the supervision of the Grantee and shall be at all 

139 



Ord. No. 269 



time hereafter subject to the regulation and control by the 
Commissioner of the Department of Housing and Community 
Development. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain the canopy in good condition throughout the full 
term of this grant, so long as the canopy exists at the location 
described herein. In the event the said structure must be 
readjusted, relocated, protected, or supported to accommodate a 
public improvement, the Grantee shall pay all costs in connection 
therewith. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the franchise 
herein granted shall be held, exercised, and enjoyed for a period 
not to exceed 25 years from the effective date of this Ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall pay to the Mayor and City Council of Baltimore, as 
compensation for the franchise or privilege hereby granted, the 
sum of $1.466. 00 per year, payable in advance during the 
continuance of this franchise or privilege; provided, that the 
Mayor and City Council of Baltimore, acting by and through the 
Board of Estimates, may increase or decrease the franchise charge 
payable by the Grantee under the provisions hereof, by giving 
written notice to that effect to the Grantee at least 150 days 
prior to the expiration of this first 5 years of the term granted 
herein, or at the expiration of any subsequent 5 year period of 
said term granted herein, any such increase or decrease of said 
franchise charge to be effective at the beginning of the next 
succeeding 5 year period of the term granted herein. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and City 
Council of Baltimore hereby expressly reserves the right and 
power, at all times, to exercise, in the interest of the public, 
full municipal superintendence, regulation and control in respect 
to all matters connected with this grant, and not inconsistent 
with the terms thereof. 

SEC. 7. AND BE IT FURTHER ORDAINED, That non-compliance at 
any time or times with any of the terms or conditions of the 
grant hereby made shall, at the option of the Mayor and City 
Council of Baltimore, operate as a forfeiture of the same, which 
shall thereupon be and become void, and that nothing short of an 
ordinance of the Mayor and City Council of Baltimore shall 
operate as a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke the rights and 
privileges hereby granted at any time or times when, in his 
judgment, the public interest, welfare, safety, or convenience 
requires such revocation, and upon written notice to that effect 
from the Mayor of Baltimore City served upon the Grantee all such 
rights shall cease and determine. 



140 



Ord. No. 270 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of 
any revocation, forfeiture, or termination of the rights and 
privileges by this ordinance granted, the said Grantee, shall, at 
its expense, promptly remove the structure for which the 
franchise is herein granted in a manner satisfactory to the 
Commissioner of the Department of Housing and Community 
Development, and such removal shall be made without any 
compensation to the Grantee and shall be completed within such 
reasonable time as specified in writing by the said Commissioner 
of the Department of Housing and Community Development. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall be liable for and shall indemnify and save harmless the 
Mayor and City Council of Baltimore, except for gross negligence 
by the City of Baltimore, from and against any and all suits, 
losses, costs, claims, damages, or expenses to which the said 
Mayor and City Council of Baltimore may, from time to time, be 
subjected on account of, by reason of, or in any way resulting 
from: 

A. The presence, use, operation, maintenance, 
alteration, repair, location, relocation, or removal of the 
structure for which the franchise is herein granted; and 

B. Any failure on the part of said Grantee to perform, 
promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 21, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 270 

(Council Bill No. 498) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE - 

CONVALESCENT, NURSING AND REST HOME 

22 S. ATHOL AVENUE 

FOR the purpose of granting permission to Mountview Health 
Village, a Maryland general partnership, for the 
establishment, maintenance and operation of a convalescent, 
nursing and rest home on the property known as 22 S. Athol 
Avenue, as outlined in red on the plats accompanying this 
ordinance , subject to the condition that all the nursing 
home beds are accommodated within the existing structure . 



141 



Ord. No. 271 

BY Authority of 

Article 30-Zoning 

Sections 4.6-ld-l and 11.0-6d 

Baltimore City Code (198 3 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted to Mountviev Health 
Village, a Maryland general partnership, for the establishment, 
maintenance and operation of a convalescent, nursing, and rest 
home, with not more than 160 beds, on the property known as 22 S. 
Athol Avenue, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 4.6-ld-l and 11.0-6d 
of Article 3 of the Baltimore City Code (198 3 Replacement 
Volume, as amended) titled "Zoning" , subject to the condition 
that all the nursing home beds are accommodated within the 
existing structure . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved April 24, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 271 

(Council Bill No. 398) 

AN ORDINANCE concerning 

STREET ENCROACHMENT 
3 01 S. EAST AVENUE 

FOR the purpose of authorizing the construction and maintenance 
of a garage projecting into the public right of way on the 
north side of the property. 

BY authority 

142 



Ord. No. 272 



Article 32 - Building Code 

Sections 507.5 

Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the construction and maintenance of a masonry 
garage are hereby authorized on the north side of the property 
known generally as 301 S. East Avenue. The garage shall extend 
approximately 4.3 feet out from the Gough Street side of the 
property and shall be approximately 13.2 feet long. Except as 
specifically provided in this ordinance, all ordinances and rules 
and regulations of the Mayor and City Council of Baltimore shall 
be complied with in the construction and use of this garage. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved April 28, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 272 

(Council Bill No. 425) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 1414 W. PRATT STREET 



FOR the purpose of authorizing the construction and maintenance 

of a fence projecting not more than 4 feet from the front of 
the house front. 

BY authority 

Article 32 - Building Code 

Sections 507.8 

Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the construction and maintenance of a wrought 
iron fence is hereby authorized on the south side of the property 
known generally as 1414 W. Pratt Street. The fence shall extend 
approximately 4 feet out from the dwelling and shall be 
approximately 10 feet long. Except as specifically provided in 
this ordinance, all ordinances and regulations of the Mayor and 
City Council of Baltimore shall be complied with in the 
construction and use of this fence. 



143 



Ord. No. 273 



SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved April 28, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 273 

(Council Bill No. 447) 

AN ORDINANCE concerning 

TOWING SERVICES 

FOR the purpose of requiring all persons engaged in the towing 
service business to obtain a license , with certain 
exemptions ; establishing a Board of Licenses for Towing 
Services; providing this Board with certain powers and 
duties; providing generally for the regulation of the towing 
service business; and providing penalties. 

BY adding 

Article 15 - Licenses 

To come under the new subtitle "Towing Services" 

Sections 132-141 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or eunended, 
to read as follows: 

ARTICLE 15 - LICENSES 

Towing Services 

132. DEFINITIONS. 

(A) "BOARD" MEANS THE BOARD OF LICENSES FOR TOWING SERVICES 
OF BALTIMORE CITY. 

(B) "LICENSE" MEANS THE LICENSE TO ENGAGE IN THE BUSINESS OF 
TOWING VEHICLES WITHIN BALTIMORE CITY ISSUED PURSUANT TO THIS 
SUBTITLE. 

(C) "MOTOR VEHICLE" MEANS ANY VEHICLE WHICH IS SELF- 
PROPELLED OR PROPELLED BY ELECTRIC POWER OBTAINED FROM OVERHEAD 
TROLLEY ELECTRICAL WIRES, BUT NOT OPERATED UPON RAILS. 

(D) "PERCON" MEA>JC A NATURAL PERSON OR A FIRM, rARTNERSHir, 
AGSOCIATION OR CORPORATION. 

144 



Ord. No. 273 



(D) "PERSON" MEANS EVERY NATURAL PERSON. PARTNERSHIP. 
CORPORATION. FIDUCIARY. ASSOCIATION. OR OTHER ENTITY. WHEN USED 
IN ANY CLAUSE PRESCRIBING AND IMPOSING A PENALTY. THE TERM 
"PERSON" AS APPLIED TO ANY PARTNERSHIP OR ASSOCIATION SHALL MEAN 
THE PARTNERS OR MEMBERS THEREOF. AND AS APPLIED TO ANY 
CORPORATION SHALL INCLUDE THE OFFICERS THEREOF. 

(E) "POLICE DEPARTMENT" MEANS THE BALTIMORE CITY POLICE 
DEPARTMENT. 

(F) "STORAGE" MEANS THE HOLDING AND SAFEKEEPING OF MOTOR 
VEHICLES. 

(G) "TOWING" ME/^S THE MOVING AN© OR REMOVING OF A VEHICLE 
BY ANOTHER MOTOR VEHICLE. 

(H) "TOWING SERVICE" MEANS THE OPERATION OF REMOVING OR 
TOWING MOTOR VEHICLES FOR COMPENSATION . 

(I) "TOW TRUCK OPERATOR" MEANS ANY PERSON WHO IS THE 
OPERATOR OF A TOWING VEHICLE. 

133. LICENSES. 

(A) REQUIREEfT IT SHALL BE UNLAWFUL FOR ANY PERSON TO ENGAGE 
IN A TOWING SERVICE IN BALTIMORE CITY WITHOUT A VALID TOWING 
LICENSE ISSUED BY THE DIRECTOR OF FINANCE. THE LICENSE IS 
RENEWABLE ANNUALLY. 

(B) EXEMPTIONS. 

THE PROVISIONS OF THIS SECTION SHALL KlOT APPLY TO: 

(1) PERSONS TOWING THEIR OWN MOTOR VEHICLES; 

(2) A TOWING SERVICE THAT TOWS WITHOUT ANY CHARGE, FEES 
OR DUES CONNECTED THEREWITH A>fD WITH PERMICCION OF THE OWNER OR 
OPERATOR OF A MOTOR VEHICLE ;i . 

(3) A TOWING SERVICE THAT TOWS A MOTOR VEHICLE INTO OR 
THROUGH BALTIMORE CITY, FROM A POINT OUTSIDE THE CITY; 

(4) THE TRANSPORTATION OF MOTOR VEHICLES FOR SALE TO 
AND FROM LICENSED AUTOMOBILE DEALERS; OR 

(5) A TOWING SERVICE LICENCED IN AIJOTHER JURICDICTION 
RESPONDING TO A CALL FROM THE OWNER OR OPERATOR FOR THE REMOVAL 
OF A MOTOR VEHICLE FROM THE CITY INTO SUCH OTHER JURICDICTION; OR 

(5) A MOTOR VEHICLE TOWED WITH PERMISSION OF THE OWNER 
OR OPERATOR OF THE MOTOR VEHICLE; OR 

(6) A TOWING SERVICE OWNED . AUTHORIZED OR OPERATED BY 
THE GOVERNMENT OF THE UNITED STATES, STATE OF MARYLAND, GR 
BALTIMORE CITY . OR ANY OTHER GOVERNMENTAL ENTITY . 

134. BOARD OF LICENSES FOR TOWING SERVICES. 

(A) CREATED. THERE IS HEREBY CREATED A BOARD OF LICENSES 
FOR TOWING SERVICES. THE BOARD SHALL BE COMPOSED OF THE DIRECTOR 

145 



Ord. No. 273 



OF FINANCE, THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION, 
ANB THE POLICE COMMISSIONER-r . A REPRESENTATIVE OF THE TOWING 
INDUSTRY. AND A CITIZEN AT LA RGE. THE C ITIZEN AND THE 
REPRESENTATIVE OF THE TOWING INDUSTRY SHALL BE APPOINTED BY THE 
MAYOR AND CONFIRMED BY A MAJO RITY VOTE O F THE CITY COUNCIL. 
PURSUANT TO ARTICLE IV SECTION 6 OF THE BALTIMORE CITY CHARTER. 
THE TERMS OF THE MEMBERS SHALL BE FOUR YEARS. AND SHALL COINCIDE 



WITH THE TERMS OF THE MAYOR AND CITY COUNCIL. THE MEMBERS SHALL 
BE APPOINTED WITHOUT REGARD TO POLITICAL PARTY AFFILIATION. THE 
MEMBERS OF THE BOARD SHALL ANNUALLY ELECT A CHAIRMAN FROM AMONG 
THE MEMBERS OF THE BOARD AND SHALL APPOINT A SECRETARY. THE 
MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR SERVICES 
RENDERED BY THEM AS MEMBERS OF THE BOARD, BUT THEY SHALL BE 
REIMBURSED FOR ALL NECESSARY AND PROPER EXPENSES INCURRED IN THE 
DISCHARGE OF THEIR DUTIES. IN THE EVENT THAT ANY GOVERNMENTAL 
AGENCY MEMBER OF THE BOARD CANNOT ATTEND ANY MEETING OF THE 
BOARD, HC THE GOVERNMENTAL AGENCY MEMBER MAY BE REPRESENTED BY A 
DESIGNATED SUBORDINATE TO WHOM HE HAS DELEGATED HIS AUTHORITY. 
SUCH REPRESENTATIVE SHALL HAVE THE POWER TO ACT IN THE PLACE OF 
THE ABSENT EX - OFFICIO MEMBER. THE BOARD SHALL APPOINT SUCH 
EMPLOYEES, ASSISTANTS, AND INVESTIGATORS AND AT SUCH COMPENSATION 
AS MAY BE PROVIDED IN THE ANNUAL ORDINANCE OF ESTIMATES FROM TIME 
TO TIME. 

(B) RULES AND REGULATIONS. THE BOARD IS AUTHORIZED AND 
EMPOWERED TO PROMULGATE AND ADOPT RULES AND REGULATIONS TO CARRY 
OUT THE PURPOSE AND INTENT OF THIS SUBTITLE. THE RULES AND 
REGULATIONS SHALL HAVE THE SAME FORCE AND EFFECT AS LAW. THE 
BOARD SHALL PROMULGATE AND ADOPT RULES AND REGULATIONS AFTER 
NOTICE AND A PUBLIC HEARING. 

135. ISSUANCE OF LICENSE. 

(A) PRIOR TO THE ISSUANCE OF A LICENSE THE BOARD OF LICENSES 
FOR TOWING SERVICES SHALL DETERMINE THE QUALIFICATIONS OF EACH 
APPLICANT TO BE LICENSED AS HEREINAFTER PROVIDED. APPLICATIONS 
SHALL BE MADE ON FORMS TO BE FURNISHED BY THE BOARD. THE 
APPLICANT SHALL PAY TO THE DIRECTOR OF FINANCE A FILING FEE OF i^ 
DOLLARS $10. WHEN THE APPLICATION IS MADE, WHICH FEE SHALL BE 
RETAINED BY THE DIRECTOR OF FINANCE TO COVER THE INITIAL 
EXAMINATION AND INSPECTION COSTS. 

(1) THE hNVUhh LICENSE FEE SHALL BE BASED ON THE tfUMDER 
OF TOWING VEHICLES USED BY THE LICENSEE AC FOLLOWS i 



(I) 1 VEHICLE $ 25 

(II) 2-5 VEHICLES ?^ 

(Ill) G 10 VEHICLES 125 

(IV) 11 15 VEHICLES 175 

(V) IG OR MORE VEHICLES 250 

(1) THE ANNUAL LICENSE FEE SHA LL BE S25 PER VEHICLE 
UTILIZED BY THE LICENSEE TO TOW A MOTOR VEHICLE UNDER THIS 
SUBTITI^P. 



146 



Ord. No. 273 



(2) THE BOARD IC AUTHORIZiED TO CONDUCT hH ItfVECTIGATION 
OF TIIE ATPLICAtfT FOR A TOWING CERVICE LICENGE TO DETERMINE THE 
ArrLIGA>JT'C QUALIFICATIONG FOR A LICENCE AND IIIC ABILITY TO 
ENGAGE IN TIIE LICENCED ACTIVITY WITHOUT DETRIMENT TO TIIE PUBLIC. 
TIIE I)rVECTIGATION GHALL INCLUDE A DETERMINATION OF WHETHER TIIE 

ArrLICA>?T HAG ADEQUATE CTORAGE A>fD/OR REPAIR FACILITIEG. EA€H 

FACILITY GHALL BE LOCATED IN A PLACE WHICH IC PROPERLY ZONED, 
A>fD, WHERE THE MOTOR VEHICLEG ARE TO BE RETRIEVED BY TIIE OW>fER OR 
OPERATOR, THE FACILITY GHALL BE IN A LOCATION WHICH IC READILY 
AVAILABLE FOR TIIE RECOVERY OF MOTOR VEHICLEG IN A REACONADLY GAFE 

MA>fNER. TIIE ItfVEGTIGATIONG MAY ALCO INCLUDE A DETERMINATION OF 

WHETHER TIIE TOWING APPARATUC IC MECIIA}JICALLY CAPABLE OF PROVIDING 
TOWING CERVICE A>JD COMPLIEC WITH TIIE PROVICIONC OF TIIE 
TRA}?CPORTATION ARTICLE OF THE A>JNOTATED CODE OF MARYLAJJD, AND 
WHETHER TIIE APPLICA>?T IC ABLE TO COMPLY WITH TIIE REQUIREMENTG OF 
THIG GUBTITLE OR ANY REGULATION ICCUED PURCUANT TO TIIIG CUBTITLE. 
IN ADDITION TO TIIE APPLICATION, THE APPLICA>fT OR LICENCEE GHALL 
GUBMIT TO THE BOARD THE MA>fUFACTURER ' C CPECIFICATIONC FOR EACH 
TOW TRUCK OW>JED OR OPERATED BY TIIE TOWING CERVICE. 

(2) THE BOARD SHALL CONDUCT AN INVESTIGATION OF THE 
APPLICANT FOR A TOWING SERVICE LICENSE. THE INVESTIGATION SHALL 
INCLUDE THE FOLLOWING ; 

A. A DETERMINATION THAT THE APPLICAN T HAS THE 
ABILITY TO ENGAGE IN THE LICENSED ACTIVITY 
WITHOUT DETRIMENT TO THE PUBLIC; 

B. THE ADEQUACY OF THE APPLICANT'S STORAGE AND/OR 

REPAIR FACILITIES; 

C. WHETHER THE STORAGE FACILITY IS LOCATED IN A 

LOCATION THAT IS READILY ACCESSIBLE FOR THE 
RECOVERY OF A MOTOR VEHICLE; 

D. PROOF THAT THE VEHICLE fS) TO BE LICENSED IS 

PROPERLY REGISTERED AND COMPLIES WITH ALL 
APPLICABLE LAWS. REGULATIONS AND RULES 
ESTABLISHED BY THE STATE OF MARYLAND PURSUANT 
TO THE TRANSPORTATION ARTICLE OF THE 
ANNOTATED CODE OF MARYLAND; 

E. PROOF THAT THE APPLICANT HAS COMPLIED WITH ANY 

OTHER RULE OR REGULATION ESTABLISHED BY THE 
BOARD OR PROVIDED IN THIS SUBTITLE; 

F. PROOF THAT THE APPLICANT'S STORAGE AND/OR 

REPAIR FACILITIES ARE LOCATED IN A PLACE 
WHICH IS PROPERLY ZONED FOR SUCH USE. 

Ill NO PERSON SHALL BE DENIED A LICENSE SOLELY ON THE 
GROUNDS THAT HE HAS A CRIMINAL RECORD, UNLESS SUCH CONVICTION IS 
WITHIN A PERIOD OF 3 YEARS PRIOR TO THE APPLICATION AND INVOLVES 
THE THEFT OF PROPERTY OR CONSTITUTES A SERIES OF CRIMES WHICH 
INCLUDE THE THEFT, RECEIVING, OR SALE OF STOLEN MOTOR VEHICLES. 

-f9^ 141 EACH APPLICATION SHALL INCLUDE THE NAME AND 
BUSINESS ADDRESS OF A NATURAL PERSON 18 YEARS OF AGE OR OLDER WHO 
IS CUSTOMARILY PRESENT IN AN OFFICE IN THE CITY FOR THE PURPOSES 
OF TRANSACTING BUSINESS AND WHO HAS BEEN DESIGNATED BY THE 

147 



Ord. No. 273 



APPLICANT AS THE APPLICANT'S AUTHORIZED AGENT FOR RECEIVING 
NOTICES ISSUED PURSUANT TO THIS SUBTITLE AND FOR RECEIVING COURT 
PROCESS ON BEHALF OF THE APPLICANT IN CONNECTION WITH THE 
ENFORCEMENT OF THIS SUBTITLE. THE BOARD MUST BE NOTIFIED WITHIN 
10 DAYS OF ANY CHANGE IN THE DESIGNATED AGENT. 

(B) UPON APPROVAL OF A LICENSE APPLICATION BY THE BOARD, THE 
DIRECTOR OF FINANCE SHALL ISSUE A LICENSE. IN CASE OF LOSS, 
MUTILATION OR DESTRUCTION OF A LICENSE, A DUPLICATE MA¥ SHALL BE 
ISSUED AT A COST OF $2.00 PER LICENSE. 

(C) THE LICENSE ISSUED UNDER THIS SUBTITLE MUST BE 
PROMINENTLY DISPLAYED IN THE LICENSEE'S ECTADLICHED rLACE OF 
DUCINECC STORAGE FACILITIES. 

(D) EACH TOW TRUCK SHALL HAVE PAINTED ON BOTH SIDES OF THE 
VEHICLE OR ON A SIGN ATTACHED THERETO, IN A COLOR WHICH CONTRASTS 
WITH THE COLOR OF THE BODY PAINT AND IN LETTERS NOT LESS THAN 4 
INCHES IN HEIGHT, THE NAME, ADDRESS, TELEPHONE NUMBER AND LICENSE 
NUMBER OF THE LICENSEE. A COPY OF THE LICENSE SHALL BE KEPT IN 
EACH TOW TRUCK LICENSED UNDER THIS SUBTITLE. 

136. CHARGES. 

(A) SCHEDULE FILED. EVERY PERSON ENGAGED IN PROVIDING 
TOWING SERVICES SHALL, AT THE TIME OF APPLICATION FOR A LICENSE, 
FILE WITH THE BOARD A SCHEDULE SETTING FORTH THE APPLICANT'S 
PROPOSED CHARGES FOR TOWING AND FOR ANY SERVICES INCIDENT TO 
TOWING. 

(B) APPROVAL. THE CHARGES SHALL MAY BE MEASURED BY MILEAGE, 
TIME, AND TYPE OF SERVICE AN9 OR MAY BE MEASURED ON A FLAT FEE 
BASIS: THE CHARGES SHALL BE STATED CLEARLY ON THE APPLICATION FOR 
A TOWING SERVICES LICENSE FILED BY THE PERSON ENGAGED IN THE 
TOWING BUSINESS; THESE CHARGES SHALL NOT BE CHANGED WITHOUT 
FILING WITH THE BOARD AN AMENDED SCHEDULE SHOWING THE CHARGES 
PROPOSED = 

137. ECTIMATEC; REPAIRC; DAILY LOG. 

(A) TOWING. 

(1) BEFORE rnOVIDING A>JY TOWING GERVICE AT THE REQUEST 
OF THE OW??ER OR OPERATOR OF THE MOTOR VEHICLE, EACH TOW TRUCK 
OPERATOR SHALL INFORM THE OWJCR OR OrCRATOR OF THE MOTOR VEHICLE 
OF THE TOWING SERVICE CHARGES AND PROVIDE AN ITEMIZED TOWING 
GERVICE WORK ORDER STATEMENT. 

137. RECORDS AND RECEIPTS: STORAGE FACILITIES: REPAIRS. 

(A) RECORDS AND RECEIPTS. 

(1) AT THE REOUEST OF THE OWNER OR OPERATOR OF THE 
MOTOR VEHICLE. EACH TOW TRUCK OPERATOR SHALL INFORM THE OWNER OR 

148 



Ord. No. 273 



OPERATOR OF THE MOTOR VEHICLE OF THE TOWING SERVICE CHARGES AND 
PROVIDE A TOWING SERVICE WORK ORDER STATEMENT. 

(2) EACH TOWING SERVICE WORK ORDER STATEMENT SHALL 
CONTAIN THE FOLLOWING: 

(I) THE NAME, BUSINESS ADDRESS, LICENSE NUMBER AND 
TELEPHONE NUMBER OF THE TOWING SERVICE; 

(II) A BRIEF DESCRIPTION OF THE MOTOR VEHICLE, 
INCLUDING THE MOTOR VEHICLE LICENSE PLATE NUMBER AND THE VEHICLE 
IDENTIFICATION NUMBER ; 

(III) THE LOCATION TO WHICH THE MOTOR VEHICLE WHA 
BS WAS TOWED; 

(IV) THE TOWING CHARGE, EXCEPT THAT IN THOSE CACEC 
WHERE IT IC IMPRACTICAL U>JDER THE CIRCUMSTA>?CEC TO PROVIDE A 
FIXED AMOU>?T, THE BASIC FOR CHARGES MiD Mi ESTIMATE THEREOF MAY 
DE CUBCTITUTED; A>fD 

fIV) THE TOWING CHARGE AND THE BASIS FOR SUCH 
CHARGE; AND 

(V) THE RATE CHARGEABLE PER DAY FOR STORAGE WHERE 
THE MOTOR VEHICLE IS TO BE STORED BY THE TOWING SERVICE. 

(VI) ANY OTHER FEES OR CHARGES TO BE PAID BY THE 
OWNER OR OPERATOR. 

(3) UPON PAYMENT OF ANY FEES FOR TOWING SERVICES, THE 
TOW TRUCK OPERATOR SHALL STATE OR ANY OTHER EMPLOYEE OF THE 
TOWING SERVICE SHALL PROVIDE A RECEIPT FOR THE AMOUNT PAID TO HIM 
AS THE CHARGE FOR THE SERVICE AND SHALL SIGN AND DELIVER TO THE 
OWNER AND /OR OPERATOR OF THE MOTOR VEHICLE A RECEIPT OF SUCH 
PAYMENT. THE OPERATOR SHALL SIGN THE RECEIPT IN A LEGIBLE MANNER 
AND SHALL PRINT HIS NAME UNDER THE SIGNATURE. 

( 4 ) THE MOTOR VEHICLE SHALL DE MOVED TO THE LICENSEE 'C 
STORAGE OR REPAIR FACILITY Ut^LESS DIRECTED OTHERWISE BY THE 
POLICE DEPARTMENT OR THE OW>iER OF THE VEHICLE, OR BY THE OW>JER'S 

AUTHORIZED AGENT. THE STORAGE OR REPAIR FACILITY SHALL NOT UNDER 

A>?Y CIRCUMCTA>JCES DE MiY PLACE OTHER TIIA>J HIS ESTABLISHED PLACE 
OF DUGINECC AG DESIGNATED IN THE LICENCE ISSUED BY THE DIRECTOR 

OF FINA}JCE. SUPPLEMENTARY OR OVERFLOW STORAGE SHALL NOT REQUIRE 

SEPARATE OFFICES. ANY MOTOR VEHICLE SO MOVED SHALL ONLY DE 

STORED A>JD NO WORK SHALL DE DONE ON THE MOTOR VEHICLE U>?TIL THE 
OV - ?>JER OF THE MOTOR VEHICLE OR HID AUTHORIZED AGENT CHALL CO 

AUTHORIZE. WHERE THE MOTOR VEHICLE IS TOWED WITHOUT THE CONCENT 

OF THE OW>?ER OR OPERATOR, CTORAGE CHARGEC CHALL NOT COMMENCE 
PRIOR TO 2 4 HOURG AFTER THE MOTOR VEHICLE IC IN FACT AVAILABLE 
FOR RECOVERY BY THE OW>fER OR OPERATOR. 

( 5 ) EACH TOWING CERVICE LICENCED UNDER THE PROVICIONC 

OF THIC SUBTITLE CHALL MAINTAIN A DAILY TOWING LOG. THE DAILY 

TOWING LOG CHALL DE RETAINED BY THE LICENCEE FOR A MINIMUM OF 2 

YEARC. THE LOG CHALL INCLUDE THE FOLLOWING FOR EACH VEHICLE 

TOWED i 



149 



Ord. No. 273 



(I) THE LICEHCE PLATE HUMDER OF TIIE MOTOR VEHICLE 
TOWED ; 



(II) THE LOCATIONC mOM WHICH AMD TO WHICH THE 

MOTOR VEHICLE WAS TOWED; 

(Ill) THE REACONC FOR TOWING; 

(IV) THE NAME OF THE PERSON AUTHORIZING THE TOWING 

OF THE MOTOR VEHICLE; A>fD 

(V) ADDITIONAL PERTINENT INFORMATION, OTHER THAN 
FINA>JCIAL, AS REQUIRED D¥ THE BOARD i 

(C) EACH TOWING SERVICE LICENSED U>?DER THE PROVICIONC 
OF THIS SUBTITLE SHALL MAI - ^E AVAILABLE FOR INSPECTION BY THE BOARD 
OR THE POLICE DEPARTMENT THE DAILY TOWING LOG, A>fD SHALL M AKE 
AVAILABLE FOR INSPECTION BY THE POLICE DEPARTMENT THOSE MOTOR 
VEHICLES LISTED IN THE DAILY TOWING LOG WHICH REMAIN IMPOUNDED OR 
STORED UPON THE STORAGE OR REPAIR FACILITY OF THE TOWING SERVICE. 

f4) EACH TOWING SERVICE LICENSED UNDER THE PROVISIONS 
OF THIS SUBTITLE SHALL MAINTAIN A RECORD IN ITS ORDINARY COURSE 
OF BUSINESS OF EVERY TOW MADE UNDER THIS SUBTITLE. THE RECORD 
SHALL BE RETAINED BY THE LICENSEE FOR A MINIMUM OF 2 YEARS. THE 
RECORD SHALL INCLUDE THE FOLLOWING FOR EACH VEHICLE TOWED: 

fl) THE LICENSE PLATE NUMBER OF THE MOTOR 
VEHICLE TOWED AND THE MOTOR VEHICLE IDENTIFICATION NUMBER; 

fll) THE L OCATIONS FROM WHICH A ND TO WHICH THE 

MOTOR VEHICLE WAS TOWED; 

(III) THE REASON FOR TOWING; 

fIV) THE NAME OF THE PERSON AUTHORIZING THE 

TOWING OF THE MOTOR VEHICLE; AND 

fV) ADDITIONAL PERTINE NT INFORMATION. OTHER 

THAN FINAN CIAL. AS REOUIRED BY THE BOARD. 

(5) EACH TOWING SERVICE LICENSED UNDER THE 
PROVISIONS OF THIS SUBTITLE SHALL MAKE AVAILABLE IN A REASONABLE 
TIME AND MANNER FOR INSPECTION BY THE BOARD OR THE POLICE 
DEPARTMENT ITS RECORDS KEPT IN THE ORDINARY COURSE OF BUSINESS 
PURSUANT TO THIS SUBTITLE. AND SHALL MAKE AVAILABLE FOR 
INSPECTION BY THE POLICE DEPARTMENT THOSE MOTOR VEHICLES WHICH 
REMAIN IMPOUNDED OR STORED IN THE STORAGE OR REPAIR FACILITY OF 
THE TOWING SERVICE. 

(B) STORAGE FA CILITIES. 

(1) THE MOTOR VEHICLE SHALL BE MOVED TO THE 
LICENSEE'S STORAGE OR REPAIR FACILITY CUSTOMARILY USED BY THE 
PERSON UNDERTAKING THE TOWING OR REMOVAL AS DESIGNATED IN THE 
LICENSE ISSUED BY DIRECTOR OF FINANCE. UNLESS DIRECTED OTHERWISE 
BY THE POLICE DEPARTMENT OR THE OWNER OF THE VEHICLE. OR BY THE 
OWNER'S AUTHORIZED AGENT. SUPPLEMENTARY OR OVERFLOW STORAGE 
SHALL NOT REQUIRE SEPARATE OFFICES. 

(2) ANY MOTOR VEHICLE SO MOVED SHALL ONLY BE 
STORED AN D NO WORK SHALL BE DONE ON TH E MOTOR VEHICLE UNTIL THE 

150 



Ord. No. 273 



OWNER OF THE MOTOR VEHICLE OR HIS AUTHORIZED AGENT SHALL SO 
AUTHORIZE. WHERE THE MOTOR VEHICLE IS TOWED WITHOUT THE CONSENT 
OF THE OWNER OR OPERATOR. STORAGE CHARGES SHALL NOT COMMENCE 
PRIOR TO 12 HOURS AFTER THE MOTOR VEHICL E IS IN FACT AVAILABLE 
FOR RECOVE RY BY THE OWNER OR OPERATOR. 

-W- ICl REPAIRS. 

(1) AGREEMENT. IT SHALL BE UNLAWFUL FOR ANY TOWING 
COMPANY PERSON ENGAGED IN PROVIDING TOWING SERVICE TO MAKE 
REPAIRS FOR CONSIDERATION ON ANY DISABLED VEHICLE REMOVED BY A 
TOWING VEHICLE WITHOUT FIRST ENTERING INTO A SIGNED AGREEMENT 
WITH THE OWNER OF THE DICADLED VEHICLE OR HIS AUTHORIZED 
REPRESENTATIVE, WHICH AGREEMENT SHALL INCLUDE AN ESTIMATE OF THE 
COST OF REPAIRS. 

(2) COPY TO OWNER. ONE COPY OF THIS AGREEMENT SHALL BE 
GIVEN TO THE OWNER OF THE DISABLED VEHICLE OR TO HIS AUTHORIZED 
REPRESENTATIVE. 

(3) COPY FOR FILES. ONE COPY OF THIS AGREEMENT SHALL 
BE RETAINED AS A RECORD FOR 2 YEARS BY THE LICENSED PERSON WHO 
OWNS OR LEASES FROM ANOTHER PERSON THE TOWING VEHICLE USED IN 
TOWING OR REMOVING THE DISABLED VEHICLE. 

138. PROHIBITED ACTS. 

(A) IT SHALL BE UNLAWFUL FOR ANY TOWING SERVICE OR TOW TRUCK 
OPERATOR LICENSED UNDER THE PROVISIONS OF THIS SUBTITLE TO TOW 
ANY MOTOR VEHICLE TO A PLACE MORE THAN ^^ 10 MILES FROM THE PLACE 
OF REMOVAL WITHOUT THE CONSENT OF THE OWNER OR OPERATOR OF THE 
MOTOR VEHICLE. 

(B) IT SHALL BE UNLAWFUL FOR ANY TOWING SERVICE OR TOW TRUCK 
OPERATOR BY ANY STATEMENT OR ACTION, TO MAKE ANY FALSE 
REPRESENTATION TO THE EFFECT THAT SUCH PERSON CONDUCTING THE 
TOWING SERVICE REPRESENTS OR IS APPROVED BY ANY ORGANIZATION 
WHICH PROVIDES EMERGENCY ROAD SERVICE FOR MOTOR VEHICLES, OR TO 
MAKE FALSE REPRESENTATION AS TO THE NAME OF THE TOWING SERVICE. 

(C) IT SHALL BE UNLAWFUL FOR ANY TOWING SERVICE OR TOW TRUCK 
OPERATOR AT THE SCENE OF AN ACCIDENT OR BREAKDOWN TO REQUIRE THE 
EXECUTION OF AN AGREEMENT TO .HAVE REPAIR WORK PERFORMED AS A 
CONDITION OF PROVIDING TOWING SERVICE. 

(D) IT SHALL BE UNLAWFUL FOR ANY TOWING SERVICE OR TOW TRUCK 
OPERATOR TO USE ANY PUBLIC SPACE FOR THE ACCOMMODATION OF A MOTOR 
VEHICLE REMOVED FROM THE SCENE OF AN ACCIDENT OR BREAKDOWN, 
EXCEPT AS THE USE OF ANY SUCH SPACE MAY BE DIRECTED BY A MEMBER 
OF THE POLICE DEPARTMENT. 

(E) IT SHALL BE UNLAWFUL FOR ANY TOW TRUCK OPERATOR TO 
FURNISH ANY TOWING SERVICE AT THE SCENE OF AN ACCIDENT OR 
BREAKDOWN UNLESS HE HAS BEEN AUTHORIZED OR CALLED TO SUCH SCENE 



151 



Ord. No. 273 



BY THE OWNER OR OPERATOR OF THE MOTOR VEHICLE OR BY A MEMBER OF 
THE POLICE DEPARTMENT. 

(T) IT SHALL BE UNLAWFUL FOR ANY T OWING SERVICE OR TOW TRUCK 
OPERATOR TO EMPLOY OR COMPENSATE INDIVIDUALS. COMMONLY REFERRED 
TO AS "SPOTTERS". WHOSE PRIMARY TASK IS TO REPORT THE PRESENCE OF 
UNAUTHORIZED PARKED VEHICLES FOR THE PURPOSES OF TOWING OR 
REMOVAL. A ND IMPOUNDING. 

(G) IT SHALL BE UNLAWFUL FOR ANY T OWING SERVI CE OR TOW TRUCK 
OPERATOR TO COMPENSATE THE OWNER OR AGENT OF THE OWNER OF A 
PARKING LOT OR OTHER FACILITY FOR THE RIGHT TO TOW VEHICLES. 

(H) IT SHALL BE UNLAWFUL FOR ANY TOWING SERVICE OR TOW TRUCK 
OPERATOR TO FAIL TO IMMEDIATELY DELIVER ANY VEHICLE TOWED UNDER 
THIS SUBTITLE TO ITS CUSTOMARILY USED STORAGE FACILITY AS 
PROVIDED FOR IN THE LICENSE ISSUED BY THE DIRECTOR OF FINANCE. 

(1) IT SHALL BE UNLAWFUL FOR ANY TOWING SERVICE TO DENY THE 
OWNER OR THE OWNER'S AGENT IMMEDIATE AND CONTINUOUS OPPORTUNITY 
TWENTY-FOU R HOURS A DAY TO RET AKE POSSESS ION OF THE VEHICLE. FROM 
THE TIME THE VEHICLE WAS RECEIVED AT THE STORAGE FACILITY. 

139. DENIAL, REVOCATION, SUSPENSION, REFUSAL TO RENEW LICENSE. 

(A) THE BOARD IS HEREBY AUTHORIZED TO DENY, SUSPEND, REVOKE, 
OR REFUSE TO RENEW ANY LICENSE UNDER THIS SUBTITLE IF THE BOARD 
FINDS THAT: 

(1) THE APPLICANT OR LICENSEE FURNISHED OR MADE 
MISLEADING OR FALSE STATEMENTS ON REPORTS, CERTIFICATIONS OR 
WRITTEN DOCUMENTS REQUIRED BY THIS SUBTITLE. 

(2) A COURT OF COMPETENT JURISDICTION HAS FOUND AN 
APPLICANT FOR A LICENSE OR A LICENSEE GUILTY OF CRIMINAL ACTIVITY 
DURING THE PRECEDING 3 YEARS DIRECTLY RELATING TO THE OPERATION 
OF THE BUSINESS OF TOWING. FOR THE PURPOSES OF THIS SUBTITLE A 
PLEA OF NOLO CONTENDERE SHALL BE DEEMED TO BE THE EQUIVALENT OF A 
CONVICTION OR A GUILTY PLEA. 

(3) A COURT OF COMPETENT JURISDICTION HAS FOUND A TOW 
TRUCK OPERATOR GUILTY OF A CRIMINAL ACT AUTHORIZED BY THE 
LICENSEE. 

(4) A MOTOR VEHICLE HAS BEEN TOWED BY A TOWING SERVICE 
WITHOUT THE CONSENT OF THE OWNER OR OPERATOR OF THE MOTOR 
VEHICLE, WITHOUT THE DIRECTION OF THE POLICE DEPARTMENT, OR 
WITHOUT AUTHORITY OF LAW COMPLYING WITH LOCAL. STATE. OR FEDERAL 
LAVL. 

(5) A TOW TRUCK OPERATOR HAS FAILED TO COMPLY WITH ANY 
LAW REGULATING THE TOWING OF MOTOR VEHICLES. 



152 



Ord. No. 273 



(6) THE LICENSEE HAS FAILED TO MAKE AVAILABLE FOR 
INSPECTION BY THE BOARD OR THE POLICE DEPARTMENT THE DAILY TOWING 
LOG AS REQUIRED BY SECTION 137(A)(5). 

(7) THE LICENSEE HAS FAILED TO ALLOW THE POLICE 
DEPARTMENT REASONABLE ACCESS TO INSPECT ANY MOTOR VEHICLE LISTED 
ON THE DAILY LOG IN THE LICENSEE'S RECORDS THAT IS STORED UPON 
THE STORAGE FACILITY OF THE TOWING SERVICE. 

(8) THE APPLICANT OR LICENSEE HAS FAILED TO COMPLY WITH 
OR HAS VIOLATED THE PROVISIONS OF THIS SUBTITLE. THE RULES OR 
REGULATIONS ADOPTED PURSUANT TO THIS SUBTITLE OR ANY APPLICABLE 
FEDERAL. STATE. OR LOCAL LAW OR RULE. 

(B) NO LICENSE SHALL BE DENIED, SUSPENDED, REVOKED, OR NOT 
RENEWED HEREUNDER WITHOUT THE BOARD FIRST AFFORDING THE LICENSEE 
AN OPPORTUNITY FOR A HEARING. AT LEAST 15 CALENDAR DAYS PRIOR TO 
THE DATE SET FOR THE HEARING, THE BOARD SHALL NOTIFY THE 
APPLICANT OR THE LICENSEE IN WRITING OF THE DATE, TIME AND PLACE 
SET FOR THE HEARING AND THE CHARGE MADE SHALL SPECIFY THE REASON 
WHY THE BOARD PROPOSES TO REFUSE. DENY. SUSPEND. REVOKE. OR NOT 
RENEW THE APPLICATION OR LICENSE AND AFFORD ALL PARTIES THE 
OPPORTUNITY TO BE HEARD IN PERSON AND BY COUNSEL. THE WRITTEN 
NOTICE SHALL BE SERVED BY REGISTERED OR CERTIFIED MAIL. WITHIN 
10 WORKING DAYS FOLLOWING THE HEARING, THE BOARD SHALL RENDER A 
DECISION AND THE REASONS THEREFOR IN WRITING AND SHALL FORWARD A 
COPY OF THE SAME TO ALL PARTIES BY CERTIFIED OR REGISTERED MAIL. 

(C) THE BOARD MAY DENY, SUSPEND, REVOKE, OR REFUSE ANY 
LICENSE ISSUED UNDER THIS SUBTITLE FOR A PERIOD OF TIME 
DETERMINED BY THE BOARD TO BE JUST AND REASONABLE IN RELATION TO 
THE SEVERITY OF THE VIOLATION FOUND TO EXIST UNDER SUBSECTION 
(A)(1), (2), (3), (4), (5), (6), (7) 0R_L81 OF THIS SECTION. IF 
A LICENSE HAS BEEN DENIED, REVOKED, OR NOT RENEWED, THE APPLICANT 
SHALL NOT BE ELIGIBLE TO APPLY FOR ANOTHER LICENSE FOR A PERIOD 
OF 12 MONTHS AFTER THE DATE ON WHICH THE BOARD RENDERED A DENIAL, 
REVOCATION, OR REFUSAL TO RENEW DECISION. 

(D) A>JY PERSON WHOSE LICENSE HAS BEEN REVOKED OR SUCrENDED 
BY THE BOARD SHALL HAVE THE RIGHT TO FILE WITHIN 15 DAYS 
THEREAFTER A>J APPEAL FOR A HEARING IN THE MATTER IN THE BALTIMORE 
CITY CIRCUIT COURT, AND THE COURT IS HEREBY VESTED WITH 
JURISDICTION TO TAKE TESTIMONY A>ID EXAMINE THE FACTS OF THE CASE 
AND TO DETERMINE WHETHER THE REVOCATION BY THE BOARD WAS 
JUSTIFIED. 

(D) ANY PERSON AGGRIEVED BY A DECISION OF THE BOARD MAY 
APPEAL THE DECISION WITHIN 15 DAYS TO THE CIRCUIT COURT OF 
BALTIMORE CITY WHERE IT SHALL BE HEARD ON THE RECORD. THE 
AGGRIEVED PERSON MUST EXHAUST ALL ADMINISTRATIVE REMEDIES. IN A 
TIMELY MANNER. PRIOR TO FILING AN ACTION WITH THE COURTS. THE 
PERSON APPEALING THE DECISION OF THE BOARD SHALL PAY ALL EXPENSES 
RELATED TO THE TRANSCRIPTION OF THE RECORD. THE PROCEDURE FOR AN 
APPEAL FROM THE DECISION OF THE BOARD SHALL BE AS PROVIDED BY THE 

153 



Ord. No. 273 



MARYLAND RULES OF PROCEDURE FOR APPEALS FROM AN ADMINISTRATIVE 
AgENQYr 

14 0. SURETY BOND; LIABILITY INSURANCE . 

(A) EVERY PERSON WHO SHALL BE LICENSED IN THE TOWING 
BUSINESS UNDER THE PROVISIONS OF THIS SUBTITLE SHALL FILE WITH 
THE BOARD OF LICENSES FOR TOWING SERVICES A BOND IN THE AMOUNT OF 
$10,000.00 S20.000.00 TO SAVE HARMLESS THE OWNER OF ANY MOTOR 
VEHICLE FOR ANY PROPERTY DAMAGE OCCURRING THERETO DURING THE TIME 
THAT IT IS IN THE POSSESSION OF THE TOWING COMrA>JY PERSON ENGAGED 
IN PROVIDING TOWING SERVICES. EVIDENCE OF THE FILING OF SUCH 
SURETY BOND SHALL ALSO BE PROVIDED TO THE POLICE COMMISSIONER OF 
BALTIMORE CITY WHO IS AUTHORIZED TO RECOGNIZE SUCH BOND AS 
FULFILLING THE REOUIREMENTS OF SECTION 211 OF ARTICLE 19 OF THIS 
CODE. 

(B) EVERY PERSON WHO SHALL BE LICENSED IN THE TOWING 
BUSINESS UNDER THE PROVISIONS OF THIS SUBTITLE SHALL OBTAIN 
COMMERCIAL LIABILITY INSURANCE IN THE AMOUNT OF AT LEAST 
$20.000.00 PER OCCURRENCE TO COVER THE COST OF ANY DAMAGE TO THE 
VEHICLE RE SULTING F ROM THE PERSON'S NEGLIGENCE . 

141. VIOLATIONS. 

ANY PERCON WHO SHALL VIOLATE ANY OF THE rROVISIONC OF THIS 
SUBTITLE CHALL BE GUILTY OF A MICDEMEANOR A>?D UPON CO>rV^IOTION 
CIIALL BE CUBJECT TO A FINE OF $10.00 TO $500.00 FOR EACH OFFE>fCE. 

ANY PERSON VIOLATING ANY PROVISIONS OF THIS SUBTITLE OR ANY 
RULE OR REGULATION PROMULGATED BY THE BOARD TO EFFECTUATE THE 
PROVISIONS OF THIS SUBTITLE, SHA1.L gE GUXLTY OF fr MISPFMEANOR ftW 
UPON CONVICTION THEREOF. SHALL PAY A FINE OF NOT LESS THAN S50.00 
NOR MORE THAN S500.00 FOR EACH OFFENSE . 

SEC. 2. AND BE IT FURTHER ORDAINED, That if any sentence, 
clause, section, or part of this subtitle is for any reason found 
to be unconstitutional, illegal or invalid, such 

unconstitutionality, illegality or invalidity shall not affect or 
impair any of the remaining provisions, sentences, clauses, 
sections or parts of this subtitle. It is hereby declared to be 
the intent of the Mayor and City Council of Baltimore that this 
subtitle would have been adopted had such unconstitutional, 
illegal or invalid sentence, clause, section or part thereof not 
been included therein. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect January JULY 1, 1989. 

Approved April 28, 1989 

KURT L. SCHMOKE, Mayor 



154 



Ord. No. 274 



CITY OF BALTIMORE 

ORDINANCE NO. 274 

(Coxmcil Bill No. 542) 

AN ORDINANCE concerning 

WALTERS ART GALLERY 

FOR the purpose of authorizing the Trustees of the Walters Art 
Gallery to exchange, sell or otherwise dispose of certain 
objects which are not useful to the collection. 

BY authority 

Article 18 - Museums and Art Galleries 

Section 10 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

WHEREAS, The Walters Art Gallery possesses a pair of 
oversized French 18th century marble urns; and 

WHEREAS, These urns are of a character and condition which 
render them unsuitable for public exhibition; and 

WHEREAS, These urns will never be exhibited by the Gallery; 
and 

WHEREAS, The de-accession of these objects has been 
recommended by the Director of the Museum, the Board of Trustees, 
and the curatorial staff; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Trustees of the Walters Art Gallery be and 
they are hereby authorized to exchange, sell, or otherwise 
dispose of a pair of oversized French 18th century marble urns 
and to use the proceeds of this disposition towards the 
improvement or installation of the collections. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall ta)ce effect on the date of its enactment. 

Approved April 28, 1989 

KURT L. SCHMOKE, Mayor 



155 



Ord. No. 275 

CITY OF BALTIMORE 
ORDINANCE NO. 275 
(Cotucil Bill No. 367) 
AN ORDINANCE concerning 

RETIREMENT SYSTEMS - EMPLOYEES' RETIREMENT SYSTEM 

FOR the purpose of changing the actuarial funding method; 
increasing prospectively the method of cQlculation e f 
servjpe yetiiremept ar^d ordinary disability retjrepent 
benefits for Class A and B members; increasing certain 
benefits for a surviving spouse or a child of a member; 
reopening and extending the time during which Class A and B 
members may transfer to the Class C membership; and ehawging 
the method of calculation of and increasing prospectively 
the service retirement and ordinary disability retirement 
benefits for Class C members; and providing for application 
of the restricted portion of the interest surplus . 

By adding to 

Article 22 - Retirement Systems 

Subtitle - Employees' Retirement System 

Sections 5(s). 6ffW13K final sentence to Section 7fb). 

Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing and reordaining with amendments 

Article 22 - Retirement Systems 

Subtitle - Employees' Retirement System 

Sections 6fa), 6(b), 6(c), 6(d), 6(f) (12), 6(h) (?) , 6(\\) (4) r 
the first paragraph of 9faW2). 9(e)-Hr)-, 9(f)(1), the 
seventh paragraph of 9fi). gflWlWiii). 9flW2Wiii). 
and 9(m) (6) 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

5. Administration; Board of Trustees. 

(S) ACTUARIAL FUNDING METHOD. EFFECTIVE RETROACTIVELY WITH 
THE YEAR BEGINNING JULY 1, 1988, THE RETIREMENT SYSTEM SHALL BE 
FUNDED BY USING THE PROJECTED UNIT CREDIT COST METHOD. 



156 



Ord. No. 275 



6. Benefits. 

(A) SERVICE RETIREMENT BENEFITS FOR ANY CLASS A OR CLASS B 
MEMBER WHO WAS AN EMPLOYEE ON OR AFTER DECEMBER 31. 1Q0 -& JUNE 29. 
1989. Any Class A or Class B member in service inav retire upon 
his written application to the Board of Trustees setting forth at 
what time, not less than thirty (30) days nor more than ninety 
(90) days subsecment to the execution and filing thereof, he 
desires to be retired, provided that the said member at the time 
so specified for his retirement shall have attained the age of 
sixty (60) and acauired at least five (5) years of service or 
shall have acquired thirty (30) years of service, regardless of 
age, and notwithstanding that, during such period of 
notification, he may have separated from service. 

UPON RETIREMENT FROM SERVICE. A CLASS A OR CLASS B MEMBER 
WHO HAS ATTAINED THE AGE OF SIXTY (60) . SHALL BE ENTITLED TO 
RECEIVE THE MAXIMUM SERVICE RETIREMENT ALLOWANCE WHICH SHALL 
CONSIST OF; 

fl) AN ANNUITY WHICH SHALL BE THE ACTUARIAL EgmVALgNT 
OF HIS ACCUMULATED CONTRIBUTIONS AT THE TIME OF RET IREMENT: AND 

(2) A PENSION. WHICH TOGETHER WITH HIS ANNUITY. SHALL 
BE EQUAL TO ONE AND EIGHTY-FIVE HUNDREDTHS OF ONE PERCENT (1.85%) 
IN THE CASE OF A CLASS A MEMBER. AND ONE AND SEVEN TENTHS OF ONE 
PERCENT (1.70%) IN THE CASE OF A CLASS B MEMBER. OF HIS AVERAGE 
FINAL COMPENSATION MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE 
CREDIT. HOWEVER. FOR MEMBERS WHO TERMINATE EMPLOYMENT WITH THE 
CITY BEFORE JUNE 29. 1990. THE PRECEDING SENTENCE SHALL BE READ 
BY SUBSTITUTING "ONE AND EIGHTY-FOUR HUNDREDTHS OF ONE PERCENT 
(1.84%)" FOR "ONE AND EIGHTY-FIVE HUNDREDTHS OF ONE PERCENT 
(1.85%)". AND BY SUBSTITUTING "ONE AND SIXTY-NINE HUNDREDTHS OF 
ONE PERCENT (1.69%)" FOR "ONE AND SEVEN TENTHS OF ONE PERCENT 

(3) THE ADDITIONAL ANNUITY PROVIDED AS A RESULT OF 
VOLUNTARY EXCESS CONTRIBUTIONS PERMITTED UNDER SECTIONS 8(A)(2) 
AND 8(A)(4) SHALL BE PAYABLE AND SHALL NOT BE USED IN DETERMINING 
THE PENSION PAYABLE UNDER SECTION 6(A)(2). 

(4) PROVIDED. HOWEVER. THAT UPON RETIREMENT FROM 
SERVICE. A CLASS A OR CLASS B MEMBER WHO HAS NOT ATTAINED THE AGE 
OF SIXTY (60). BUT HAS ACOUIRED THIRTY (30) YEARS OR MORE OF 
SERVICE. SHALL BE ENTITLED TO RECEIVE THE MAXIMUM SERVICE 
RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF AN ANNUITY AS 
PROVIDED FOR IN SECTION 6(A)(1). PLUS THE ACTUARIAL EQUIVALENT OF 
THE PENSION PROVIDED FOR IN SECTION 6(A)(2); OR SUCH MEMBER MAY 
ELECT AT THE TIME OF RETIREMENT TO HAVE HIS SERVICE RETIREMENT 
ALLOWANCE DEFERRED TO COMMENCE UPON THE ATTAINMENT OF AGE SIXTY 
(60) . IN WHICH EVENT THE ANNUITY SHALL BE THE ACTUARIAL 
EQUIVALENT OF HIS ACCUMULATED CONTRIBUTIONS. WITH REGULAR 
INTEREST ACCUMULATED THEREON. TO AGE SIXTY (60). AND THE PENSION 



157 



Ord. No. 275 

PAYABLE SHALL BE IN THE AMOUNT COMPUTED AS PROVIDED IN SECTION 
6fA) (2), 

FOR ANY MEMBER WHO WAS AN "EMPLOYEE ON OR AFTER JUNE 29. 
1989. THE ACTUARIAL EQUIVALENT FOR THE PURPOSE OF THIS S UBSECTION 
(A) (4) SHALL BE BASED ON A REDUCTION OF SEVENTEEN HUNDREDTHS OF 
ONE PERCENT fO.17%^ FOR EACH FULL MONTH fOR FRACTION THEREOF) BY 
WHICH THE COMMENCEMENT OF HIS PENSION PRECEDES HIS SIXTIETH (60) 
BIRTHDAY. HOWEVER. FOR MEMBERS WHO TERMINATE EMPLOYMENT WITH THE 
CITY BEFORE JUNE 29. 1990. THE PRECEDING SENTENCE SHALL BE READ 
BY SUBSTITUTING "TWENTY-ONE HUNDREDTHS OF ONE PERCENT fO.21%)" 
FOR "SEVENTEEN HUNDREDTHS OF ONE PERCENT fO.17%)". 

(5) OPTIONAL RETIREMENT ALLOWANCES. 

ANY CLASS A OR CLASS B MEMBER WHO IS ENTITLED TO 
RECEIVE THE MAXIMUM SERVICE RETIREMENT ALLOWANCE MAY ELECT TO 
RECEIVE SUCH MAXIMUM SERVICE RETIREMENT ALLOWANCE. OR HE MAY 
ELECT TO RECEIVE THE ACTUARIAL EQUIVALENT OF SUCH MAXIMUM SERVICE 
RETIREMENT ALLOWANCE. COMPUTED AS OF THE EFFECTIVE DATE OF HIS 
RETIREMENT. IN A LESSER AMOUNT PAYABLE THROUGHOUT HIS LIFE IN 
ACCORDANCE WITH THE FOLLOWING PROVISIONS: 

OPTION 1. IF HE DIES BEFORE HE HAS RECEIVED IN 
TOTAL RETIREMENT BENEFITS THE PRESENT VALUE OF HIS RETIREMENT 
ALLOWANCE AS IT WAS AT THE T IME OF HIS RETIREMENT, T^g PAil^QE 
SHALL BE PAID TO HIS LEGAL REPRESENTATIVES OR TO SUCH PERSON AS 
HE SHALL NOMINATE BY WRITTEN DESIGNATION DULY ACKNOWLEDGED AND 
FILED WITH THE B OARD OF TRUSTEES: OR 

OPTION 2. UPON HIS DEATH. HIS RETIREMENT 
ALLOWANCE AS IT WAS AT THE TIME OF HIS RETIREMENT. SHALL BE 
CONTINUED THROUGHOUT THE LIFE OF AND PAID TO SUCH PERSON AS HE 
SHALL NOMINATE BY WRITTEN DESIGNATION D ULY ACKNOWLEDGED AND FILED 
WITH THE BOARD OF TRUSTEES AT THE TIME OF HIS RETIREMENT; OR 

.; OPTION 3. UPON HIS DE ATH. ONE-HALF fl/2) OF HIS 

;; RETIREMENT ALLOWANCE AS IT WAS AT THE TIME OF ^IS RgTIRgMgNT 

SHALL BE C ONTINUED THROUGHOUT THE LIFE OF AND PAID TO SUCH PgRSO?^ 
<l! AS HE SHALL NOMINATE BY WRITTEN DESIGNATION DULY ACKNOWLEDGED AND 

FILED WITH THE BOARD OF TRUSTEES AT THE TIME OF HIS RETIREMENT; 

OE 

OPTION 4. SOME OTHER PERIODICALLY PAID BENEFIT OR 
BENEFITS SHALL BE PAID EITHER TO THE CLASS A OR CLASS B MEMBER OR 
TO SUCH A PERSON OR PERSONS AS HE SHALL NOMINATE. PROVIDED SUCH 
. OTHER BENEFIT OR BENEFITS SHALL BE CERTIFIED BY THE ACTUARY TO BE 
OF EQUIVALENT ACTUARIAL VALUE TO HIS RETIREMENT ALLOWANCE. AND 
SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES. 

(6) ANY LIVING RETIRED CLASS A OR CLASS B MEMBER SHALL 
HAVE THE RIGHT. WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE 
OF HIS RETIREMENT. AND NOT THEREAFTER. TO CHANGE HIS ELECTION OF 
THE MAXIMUM SERV ICE RETIREM ENT ALLOWANCE TO ANY ONE OF THE 

158 



Ord. No. 27.5 



OPTIONS HE REINBEFORE SET FORTH. OR TO CHANGE HIS ELECTION OF ANY 
ONE OF SAID OPTIONS TO ANOTHER ONE OF SAID OPTIONS. OR TO CHANGE 
HIS ELECTI ON FROM ANY ONE OF SAID OPTIONS TO THE MAXIMUM SERVICE 
RETIREMENT ALLOWANCE. 

ANY LIVING RETIRED CLASS A OR CLASS B MEMBER SHALL HAVE 
THE RIGHT. WITHIN THIRTY f30) DAYS AFTER THE EFFECTIVE DATE OF 
HIS RETIREMENT. TO CHANGE HIS DESIGNATION OF A BENEFICIARY; BUT 
THEREAFTER NO SUCH CHANGE MAY BE MADE IN CONNECTION WITH ANY 
OPTION HEREINBEFORE SET FORTH WHICH PROVIDES FOR THE PAYMENT OF A 
RETIREMENT ALLOWANCE TO. AND THROUGHOUT THE LIFE OF THE 
BENEFICIARY DESIGNATED. 






THE ELECTION OF ANY OPTION OR ANY CHANGE IN CONNECTION / 

THEREWITH SHALL BE MADE ON FORMS PROVIDED FOR THAT PURPOSE BY THE C^ y» 

RETIREMENT SYSTEMS OFFICE OF THE CITY OF BALTIMORE. AND FILED (*" . 

WITH SAID OFFICE. ^ 

(7) IF ANY LIVING RETIRED CLASS A OR CLASS B MEMBER \ . \ 
CHANGES THE TYPE OR KIND OF RETIREMENT ALLOWANCE ELECTED BY HIM. I ^ 
AS PROVIDED HEREINBEFORE. THEN ANY PAYMENTS WHICH MAY HAVE BEEN C '*' 
MADE TO HIM PRIOR TO SUCH CHANGE ARE TO BE TAKEN INTO ACCOUNT IN f 
ARRIVING AT THE AMOUNT TO BE PAID TO HIM IN CONNECTION WITH THE f\ 
RETIREMENT ALLOWANCE FINALLY SELECTED. ^\ 

(8) ANY CL ASS A OR CLASS B MEMB ER WHO RETIRES AND PIE? ^ 
WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF HIS J Y^ 
RETIREMENT , AND WHO HAS BEEN GRANTED A RE TIREMENT AI^I^OWANCg OF - , \^ 
MAXIMUM BENEFITS FOR SERVICE UNDER THIS SUBSECTION. OR WHO HAS '^ 
ELECTED TO RECEIVE ONE OF THE SEVERAL OPTIONAL RETIREMENT ^^ 
ALLOWANCES AVAILABLE IN LIEU THEREOF. SHALL BE CONSIDERED AS A f^ A 
MEMBER DYING IN ACTIVE SERVICE. AND THE ORDINARY DEATH BENEFITS 
PROVIDED FOR IN SECTION 6fH) SHALL BE PAID IN LIEU OF THE 
BENEFITS PROVIDED FOR IN THIS SUBSECTION. 



(9) ANY SERVICE RETIREMENT ALLOWANCE PAYMENTS MADE TO W) ^ 

n rT.A.q.q a np PT.A.q.q r mfmrfp who htf.*; wtthtn thtptv ^^ 



-j> 



TO 
ANY RETIRED CLASS A OR CLASS B MEMBER. WHO DIES WITHIN THIRTY 

(30) DAYS AFTER THE EFFECTIVE DATE OF HIS RETIREMENT. SHALL BE ^-ft"' 

OFFSET AGAINST ANY AMOUNTS PAYABLE UNDER THE PROVISIONS OF 
SECTION 6(H) . 

(10) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY 
CONTAINED IN THIS SUBSECTION. ANY CLASS A OR CLASS B MEMBER WHO 
RETIRES PRIOR TO AGE SIXTY (60) AND WHO DEFERS HIS RETIREMENT 
ALLOWANCE TO COMMENCE UPON HIS ATTAINMENT OF AGE SIXTY (60) . 
SHALL BE CONSIDERED AS A MEMBER DYING IN ACTIVE SERVICE IF HE 
DIES AT ANY TIME BETWEEN THE EFFECTIVE DATE OF HIS RETIREMENT AND 
THIRTY (30) DAYS FOLLOWING HIS ATTAINMENT OF AGE SIXTY (60) . AND 
THE BENEFITS PROVIDED IN SECTION 6(H) SHALL BE PAID AS THEREIN 
PROVIDED. ANY RETIREMENT ALLOWANCE PAYMENTS MADE TO SAID MEMBER 
AFTER HIS ATTAINMENT OF AGE SIXTY (60) . SHALL BE OFFSET AGAINST 
ANY AMOUNTS PAYABLE UNDER THE PROVISIONS OF SECTION 6(H). 



159 



Ord. No. 275 



fll) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS 
SUBTITLE. SHOULD A CLASS A OR CLASS B MEMBER BE REMOVED FROM A 
REGULAR PERMANENT POSITION OF THE CITY WITHOUT FAULT UPON HIS 
PART. OR SHOULD A CLASS A OR CLASS B MEM BER APPOI NTED OR ELECTED 
FOR A FIXED TERM NOT BE REAPPOINTED OR R E-ELECTED . AFTER THE 
ACQUISITION OF TWENTY (20) YEARS OF SERVICE. SUCH MEMBER MAY 
ELECT. IN LIEU OF THE WITHDRAWAL OF HIS ACCUMULATED 
CONTRIBUTIONS. TO R ECEIVE A RETIREMENT ALLOWANCE EOUAL TO THE 
ORDINARY DISABILITY RETIREMENT ALLOWANCE AS PROVIDED IN SECTION 
SrC) . WHICH WOULD HAVE BEEN PAYABLE AT SUCH TIME HAD HE BEEN 
RETIRED ON AN ORDINARY DISABILITY RETIREMENT. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SUBTITLE. 
SHOULD A CLASS A OR CLASS B MEMBER LEAVE SERVICE FOR THE REASONS 
DESCRIBED IN THE ABOVE PARAGRA PH. WITH LESS THAN TWENTY (20) 
YEARS OF SERVICE. BUT AFTER THE ACQUISITION OF FIVE (5) YEARS OF 
SERVICE. SUCH MEMBER MAY ELECT TO HAVE HIS ACCUMULATED 
CONTRIBUTIONS REMAIN IN THE SYSTEM WITH REGULAR INTEREST THEREON. 
WHILE NO LONGER IN SERVICE. AND ON THE ATTAINMENT OF AGE SIXTY 
(60) SUCH MEMBER SHALL BE ENTITLED TO RECEIVE A SERVICE 
RETIREMENT ALLOWANCE AS PROVIDED FOR UNDER THE PROVISIONS OF 
SECTION 6 (A) OF THIS SUBTITLE. COMPUTED AS IF HE WERE A MEMBER 
RETIRING FROM SERVICE AT AGE SIXTY (60). SHOULD A MEMBER SO 
ELECTING DIE BEFORE ATTAINING AGE SIXTY (60). THE AMOUNT OF HIS 
ACCUMULATED CONTRIBUTIONS WITH INTEREST TO THE DATE OF HIS DEATH 
SHALL BE PAID TO HIS ESTATE. OR TO SUCH PERSON AS HE SHALL HAVE 
NOMINATED BY WRITTEN DESIGNATION DULY ACKNOWLEDGED AND FILED WITH 
THE BOARD OF TRUSTEES AT THE TIME OF HIS RETIREMENT. SUCH 
DECEASED MEMBER'S BENEFICIARY OR HIS ESTATE SHALL NOT BE ENTITLED 
TO ANY BENEFITS UNDER THIS SUBTITLE OTHER THAN THE RETURN OF THE 
DECEASED MEMBER'S A CCUMULATED CONTRIBUTI ONS. SHOULD SUCH A 
BENEFICIARY BE REST ORED TO ACTIVE SERVIC E. HIS RETIREMENT 
ALLOWANCE SHALL CEASE. AND HE SHALL AGAIN BECOME A MEMBER OF THE 
RETIREMENT SYSTEM. 

(12) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS 
SUBTITLE. SHOULD A CLASS A OR CLASS B MEMBER. WHO HAS ACQUIRED 
FIFTEEN (15) OR MORE YEARS OF SERVICE. LEAVE A REGULAR PERMANENT 
POSITION OF THE CITY. SUCH MEMBER MAY ELECT TO HAVE HIS 
ACCUMULATED CONTRIBUTIONS REMAIN IN THE SY STEM WITH REGULAR 
INTEREST THEREON. WHILE NO LONGER IN SERVICE. AND UPON ATTAINING 
THE AGE OF SIXTY (60) . SUCH MEMBER SHALL BE ENTITLED TO RECEIVE 
THE MAXIMUM SERVICE RETIREMENT ALLOWANCE AS PROVIDED FOR IN 
SECTION 6(A) . COMPUTED AS IF HE WERE A MEMBER RETIRING FROM 
SERVICE AT AGE SIXTY (60) . SHOULD A MEMBER SO ELECTING DIE 
BEFORE ATTAINING AGE SIXTY (60) . THE AMOUNT OF HIS ACCUMULATED 
CONTRIBUTIONS WITH INTEREST TO THE DATE OF HIS DEATH SHALL BE 
PAID TO HIS ESTATE. OR TO SUCH PERSON AS HE SHALL HAVE NOMINATED 
BY WRITTEN DESIGNATION. DULY ACKNOWLEDGED AND FILED WITH THE 
BOARD OF TRUSTEES. THE BENEFICIARY OR THE ESTATE OF A DECEASED 
MEMBER. WHO DIES BEFORE ATTAINING THE AGE OF SIXTY (60) . SHALL 
NOT BE ENTITLED TO ANY BENEFITS UNDER THIS SUBTITLE OTHER THAN 
THE RETURN OF THE DECEASED MEMBER'S ACCUMULATED CONTRIBUTIONS 
WITH INTEREST TO THE DATE OF DEATH. THIS PARAGR APH SHALL NOT 

160 



Ord. No. 275 

APPLY TO ANY CLASS A OR CLASS B MEMBER V7H0 IS CONVICTED OF A JOB- 
RELATED OFFENSE. SUCH OFFENSE BEING EITHER A MISDEMEANOR OR 
FELONY PUNISHABLE BY INCARCERATION FOR MORE THAN SIX (6) MONTHS 
OR PUNISHABLE BY A FINE IN EXCESS OF $500.00. TO BE JOB-RELATED. 
THE OFFENSE MUST BE COMMITTED BY THE MEMBER IN THE PERFORMANCE OF 
HIS DUTIES AS AN EMPLOYEE OR AN OFFICIAL OF THE CITY OF BALTIMORE 
AND COMMITTED AGAINST THE CITY OF BALTIMORE. 

(13) ANY CLASS A OR CLASS B MEMBER WHO LEAVES CITY 
EMPLOYMENT AND IS ENTITLED TO ANY BENEFITS UNDER THIS SUBSECTION. ^ 

IF HE IS SUBSEQUENTLY REEMPLOYED BY THE CITY AS AN EMPLOYEE. 3^!lJ 

SHALL UPON HIS RETURN TO CITY EMPLOYMENT BE IMMEDIATELY CONTINUED -^ ^ 

AS A CLASS A OR CLASS B MEMBER. THEREUPON HE SHALL BE CREDITED #^ 

WITH ANY PAST SERVICE. AND ANY RETIREMENT ALLOWANCE HE MAY BE 
RECEIVING SHALL BE DISCONTINUED. 



si 



c ^ 



a 



(14) IN THE EVENT THAT A MEMBER WHO WAS AN EMPLOYEE ON f (j) 

OR AFTER JUNE 29. 1989. RETIRES AND ELECTS TO RECEIVE MAXIMUM -^ ^- 

BENEFITS WITHOUT OPTIONAL MODIFICATION LATER DIES AND IS SURVIVED 
BY A SPOUSE TO WHOM THE MEMBER HAD BEEN MARRIED FOR AT LEAST ONE 

(1) YEAR IMMEDIATELY PRIOR TO RETIREMENT. AN AMOUNT EOUAL TO 3 5% 

(OR SUCH DIFFERENT AMOUNT AS SET FORTH BELOW) OF THE ALLOWANCE 
SAID MEMBER WAS RECEIVING SHALL BE PAID TO SUCH SURVIVING SPOUSE 

TO CONTINUE AS LONG AS HE OR SHE REMAINS UNMARRIED. IF THERE IS 1 

NO SUCH SPOUSE OR IF THE SPOUSE DIES OR REMARRIES BEFORE THE 

YOUNGEST UNMARRIED CHILD OF SAID DECEASED MEMBER SHALL HAVE ^ ^ 

EITHER ATTAINED THE AGE OF EIGHTEEN (18) YEARS OR. IN THE EVENT ^ *f 

SAID CHILD IS A FULL-TIME STUDENT. BEFORE HE SHALL HAVE ATTAINED p" - 'f 

THE AGE OF TWENTY-TWO (22) YEARS. THEN AN AMOUNT EOUAL TO 3 5% (OR M 

SUCH DIFFERENT AMOUNT AS SET FORTH BELOW) OF THE ALLOWANCE SAID ^^ '/ 

MEMBER WAS RECEIVING SHALL BE PAID TO SUCH CHILD OR CHILDREN. . r^ ^ 

DIVIDED IN SUCH MANNER AS THE BOARD OF TRUSTEES IN ITS DISCRETION rTj C^ 

SHALL DETERMINE TO CONTINUE FOR THE BENEFIT OF SUCH CHILD OR Jl- J^ 

CHILDREN UNTIL THE LAST CHILD MARRIES. DIES OR EITHER ATTAINS THE /^ ^ 

AGE OF EIGHTEEN (18) YEARS OR IN THE EVENT HE IS A FULL-TIME ]3^ fjK 

STUDENT. ATTAINS THE AGE OF TWENTY-TWO (22) YEARS. HOWEVER. FOR jO ^ 

MEMBERS WHO TERMINATE EMPLOYMENT WITH THE CITY BEFORE JUNE 29. »^s 

1990. THE PRECEDING TWO SENTENCES SHALL BE READ BY SUBSTITUTING "^ . 

"33-1/3%" FOR "35%" WHEREVER SUCH AMOUNTS APPEAR THEREIN. "/l 

(b) AllowancG on OGgvice rGtigGmont. SERVICE RETIREMENT 
BENEFITS FOR ANY CLASS A OR CLASS B MEMBER WHO WAS AN EMPLOYEE ON 
OR AFTER JULY 1. 1987. BUT NOT AFTER JUNE 28. 1989. ANY CLASS A 
OR CLASS B MEMBER IN SERVICE MAY RETIRE UPON HIS WRITTEN 
APPLICATION TO THE BOARD OF TRUSTEES SETTING FORTH AT WHAT TIME. 
NOT LESS THAN THIRTY (30) DAYS NOR MORE THAN NINETY (90) DAYS 
SUBSEQUENT TO THE EXECUTION AND FILING THEREOF. HE DESIRES TO BE 
RETIRED. PROVIDED THAT THE SAID MEMBER AT THE TIME SO SPECIFIED 
FOR HIS RETIREMENT SHALL HAVE ATTAINED THE AGE OF SIXTY (60) AND 
ACQUIRED AT LEAST FIVE (5) YEARS OF SERVICE OR SHALL HAVE 
ACQUIRED THIRTY (30) YEARS OF SERVICE. REGARDLESS OF AGE. AND 
NOTWITHSTANDING THAT. DURING SUCH PERIOD OF NOTIFICATION. HE MAY 
HAVE SEPARATED FROM SERVICE . 

161 



Ord. No. 275 

Upon retirement from service, a Class A or Class B member 
who has attained the age of sixty (60) , shall be entitled to 
receive the maximum service retirement allowance fwhich shall 
consist of ] AS rOLLOWG : 

(1) ron A>?Y MOiDCR WHO RETIRES OH OR BEFORE DECEMBER 
31, 1000, THE SERVICE RDTIRCMENT ALLOWANCE SHALL CONCICT GFi 

•f (1) ] (I) An annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of ¥t±9 
retirement; and 

f (2) ] (II) A pension, in addition to his annuity, 
which shall be equal to eighty-five one hundredths of one percent 
(.85%) of his average final compensation in the case of Class A 
members, and seven hundred and eighty-five one thousands of one 
percent (.785%) of his average final compensation in the case of 
Class B members, multiplied by the number of years of his service 
since January 1, 1926; and 

f (3) ] (III) If he has been credited with prior 
service, a supplemental pension which shall be equal to one- 
sixtieth (1/60) of his average final compensation in the case of 
Class A members and one sixty-fifth (1/65) in the case of Class B 
members, multiplied by the number of years of such prior service; 
and 

f (4) 3 (IV) If at the time of retirement the annuity 
determined in accordance with Section 6(b)(l)-fi^, resulting from 
the member's contributions for service, is less than the pension 
resulting from the member's years of service determined in 
accordance with Section 6 (b) (2) (1) (II) , a supplemental pension 
equal to the difference between the two shall be payable. 

' ' The additional annuity provided as the result of 

"' voluntary excess contributions under Sections 8(a)(2) and 8(a)(4) 

t; shall be payable and shall not be used in determining this 

j supplemental pension, if any, payable under this subsection. 



I 



Beginning with April 19, 1974, the benefits provided in 
this subsection shall be applicable to former members who retired 
prior to said effective date, and their beneficiaries, as well as 
to those Class A or Class B members who subsequently retire on or 
after that date. 

f (5) 3 (V) Provided, however, that upon retirement 
from service, a Class A or Class B member who has not attained 
the age of sixty (60) , but has acquired thirty (30) years or more 
of service, shall be entitled to receive the maximum service 
retirement allowance which shall consist of an annuity as 
provided for in Section 6(b) (l)-(-i-)-, plus the actuarial equivalent 
of the pension provided for in Section 6(b)f (2) 3 (1) (II) , plus the 
actuarial equivalent of the supplemental pension provided for in 
Section 6(b)f (3) 3 (1) (III) , plus if the annuity provided for in 

162 



Ord. No. 275 



Section 6 (b) (l)-(-i-)- is less than the actuarial equivalent of the 
pension provided for in Section 6 (b)-f-(2) ] (1) (II) , a supplemental 
pension equal to such difference; or such member may elect at the 
time of retirement to have his service retirement allowance 
deferred to commence upon the attainment of age sixty (60) , in 
which event the annuity shall be the actuarial equivalent of his 
accumulated contributions, with regular interest accumulated 
thereon, to age sixty (60) , and the pensions payable shall be in 
the amounts computed as provided in Sections 6fb) f (2) 1 (1) fll) (2) . 
6fb) (3) and 6fb) (A) . C (b) [ (3) ] (1) (III) and G (b) [ ( 4 ) ] (1) (IV) . For 
the purpose of this subsection (b)f (5) 1 (1) (V ) , the actuarial 
equivalent shall be based on a reduction of 1/4 of 1% (1/4%) for 
each full month (or fraction thereof) by which the commencement 
of his pension precedes his 60th birthday. 

f (6) ] (VI) Optional Retirement Allowances. (1) Any Class 
A or Class B member who is entitled to receive the maximum 
service retirement allowance may elect to receive such maximum 
service retirement allowance, or he may elect to receive the 
actuarial equivalent of such maximum service retirement 
allowance, computed as of the effective date of his retirement, 
in a lesser amount payable throughout his life in accordance with 
the following provisions: 

Option 1. If he dies before he has received in 
total retirement benefits the present value of his retirement 
allowance as it was at the time of his retirement, the balance 
shall be paid to his legal representatives or to such person as 
he shall nominate by written designation duly acknowledged and 
filed with the Board of Trustees; or 

Option 2. Upon his death, his retirement allowance 
as it was at the time of his retirement, shall be continued 
throughout the life of and paid to such person as he- shall 
nominate by written designation duly acknowledged and filed with 
the Board of Trustees at the time of his retirement; or 

Option 3. Upon his death, one-half (i/2) of his 
retirement allowance as it was at the time of his retirement 
shall be continued throughout the life of and paid to such person 
as he shall nominate by written designation duly acknowledged and 
filed with the Board of Trustees at the time of his retirement; 
or 

Option 4 . Some other periodically paid benefit or 
benefits shall be paid either to the Class A or Class B member or 
to such person or persons as he shall nominate, provided such 
other benefit or benefits shall be certified by the actuary to be 
of equivalent actuarial value to his retirement allowance, and 
subject to approval by the Board of Trustees. 

f (7) ] (VII) Any living retired Class A or Class B member 
shall have the right, within thirty (30) days after the effective 
date of his retirement, and not thereafter, to change his 

163 



Ord. No. 275 



election of the maximum service retirement allowance to any one 
of the options hereinbefore set forth, or to change his election 
of any one of said options to another one of said options, or to 
change his election from any one of said options to the maximum 
service retirement allowance. Any living retired Class A or 
Class B member shall have the right, within thirty (30) days 
after the effective date of his retirement, to change his 
designation of a beneficiary; but thereafter no such change may 
be made in connection with any option hereinbefore set forth 
which provides for the payment of a retirement allowance to, and 
throughout the life of the beneficiary designated. 

The election of any option or any change in connection 
therewith shall be made on forms provided for that purpose by the 
Retirement Systems Office of the City of Baltimore, and filed 
with said office. 

f (8) 3 (VIII) If any living retired Class A or Class B 
member changes the type or kind of retirement allowance elected 
by him, as provided hereinbefore, then any payments which may 
have been made to him prior to such change are to be taken into 
account in arriving at the amount to be paid to him in connection 
with the retirement allowance finally selected. 

■f-(9) ] (IX) Any Class A or Class B member who retires and 
dies within thirty (30) days after the effective date of his 
retirement, and who has been granted a retirement allowance of 
maximum benefits for service under this subsection, or who has 
elected to receive one of the several optional retirement 
allowances available in lieu thereof, shall be considered as a 
member's dying in active service, and the ordinary death benefits 
provided for in Section 6(h) shall be paid in lieu of the 
benefits provided for in this subsection. 

f(10) 3 (X) Any service retirement allowance payments 
made to any retired Class A or Class B member, who dies within 
thirty (3 0) days after the effective date of his retirement, 
shall be offset against any amounts payable under the provisions 
of Section 6(h) . 

f (11) 3 (XI) Notwithstanding any provision to the 
contrary contained in this subsection, any Class A or Class B 
member who retires prior to age sixty (60) and who defers his 
retirement allowance to commence upon his attainment of age sixty 
(60), shall be considered as a member's dying in active service 
if he dies at any time between the effective date of his 
retirement and thirty (30) days following his attainment of age 
sixty (60), and the benefits provided in Section 6(h) shall be 
paid as therein provided. Any retirement allowance payments made 
to said member after his attainment of age sixty (60) , shall be 
offset against any amounts payable under the provisions of 
Section 6(h) . 



164 



Ord. No. 275 



-^(12) ] (XII) Notwithstanding anything to the contrary in 
this subtitle, should a Class A or Class B member be removed from 
a regular permanent position of the City without fault upon his 
part, or should a Class A or Class B member appointed or elected 
for a fixed term not be reappointed or re-elected, after the 
acquisition of twenty (20) years of service, such member may 
elect, in lieu of the withdrawal of his accumulated 
contributions, to receive a retirement allowance equal to the 
ordinary disability retirement allowance as provided in Section 
6(d), which would have been payable at such time had he been 
retired on an ordinary disability retirement. 

Notwithstanding anything to the contrary in this 
subtitle, should a Class A or Class B member leave service for 
the reasons described in the above paragraph, with less than 
twenty (20) years of service, but after the acquisition of five 
(5) years of service, such member may elect to have his 
accumulated contributions remain in the system with regular 
interest thereon, while no longer in service, and on the 
attainment of age sixty (60) such member shall be entitled to 
receive a service retirement allowance as provided for under the 
provisions of Section 6(b)-fi^ of this subtitle, computed as if he 
were a member retiring from service at age sixty (60) . Should a 
member so electing die before attaining age sixty (60) , the 
amount of his accumulated contributions with interest to the date 
of his death ishall be paid to his estate, or to such person as he 
shall have nominated by written designation duly acknowledged and 
filed with the Board of Trustees at the time of his retirement. 
Such deceased member's beneficiary or his estate shall not be en- 
titled to any benefits under this subtitle other than the return 
of the deceased member's accumulated contributions. Should such 
a beneficiary be restored to active service, his retirement 
allowance shall cease, and he shall again become a member of the 
Retirement System. 

f (13) 3 (XIII) Notwithstanding anything to the contrary 
in this subtitle, should a Class A or Class B member, who has 
acquired fifteen (15) or more years of service, leave a regular 
permanent position of the City, such member may elect to have his 
accumulated contributions remain in the system with regular 
interest thereon, while no longer in service, and upon attaining 
the age of sixty (60) , such member shall be entitled to receive 
the maximum service retirement allowance as provided for in 
Section 6(b)-f4r)-, computed as if he were a member retiring from 
service at age sixty (60) . Should a member so electing die 
before attaining age sixty (60) , the amount of his accumulated 
contributions with interest to the date of his death shall be 
paid to his estate, or to such person as he shall have nominated 
by written designation, duly acknowledged and filed with the 
Board of Trustees. The beneficiary or the estate of a deceased 
member, who dies before attaining the age of sixty (60) , shall 
not be entitled to any benefits under this subtitle other than 
the return of the deceased member's accumulated contributions 
with interest to the date of death. This paragraph shall not 

165 



i:: 



Ord. No. 275 



apply to any Class A or Class B member who is convicted a job- 
related offense, such offense being either a misdemeanor or 
felony punishable by incarceration for more than six (6) months 
or punishable by a fine in excess of $500.00. To be job-related, 
the offense must be committed by the member in the performance of 
his duties as an employee or an official of the City of Baltimore 
and committed against the City of Baltimore. 

f (14) ] (XIV) Any Class A or Class B member who leaves 
city employment and is entitled to any benefits under THIS 
subsections — (a) or — (b) (1) of thio oeetion if he is subsequently 
reemployed by the city AS AN EMPLOYEE , shall upon his return to 
city employment be immediately continued as a Class A or Class B 
member. Thereupon he shall be credited with any past service, and 
any retirement allowance he may be receiving shall be 
discontinued. 

[ (15) ] (XV) — In the event q membcp who was an 
GMployoe after June 30, 1007, (15) IN THE EVENT THAT A MEMBER WHO 
WAS AN EMPLOYEE ON OR AFTER JULY 1 . 1987. BUT NOT AFTER JUNE 28. 
1989. RETIRES AND elects to receive maximum benefits without 
optional modification later dies and is survived by a spouse to 
whom the member had been married for at least one (1) year 
immediately prior to retirement, an amount equal to 5% of the 
allowance said member was receiving shall be paid to such 
surviving spouse to continue as long as he or she remains 
unmarried. If there is no such spouse or if the spouse dies or 
remarries before the youngest unmarried child of said deceased 
member shall have either attained the age of eighteen (18) years 
or, in the event said child is a full-time student, before he 
shall have attained the age of twenty-two (22) years, then an 
amount equal to 5% of the allowance said member was receiving 
shall be paid to such child or children, divided in such manner 
as the Board of Trustees in its discretion shall determine to 
continue for the benefit of such child or children until the last 
child marries, dies or either attains the age of eighteen (18) 
years or in the event he is a full-time student, attains the age 
of twenty-two (22) years. 

(2) FOR MfY MEMBER WHO RETIRES ON OR AFTER JANUARY 1, 
1000, THE SERVICE RETIREMENT ALLOWANCE CHALL CONSIST OF ? 

(I) AN At»fUITY WHICH SHALL BE THE ACTUARIAL 
EQUIVALENT OF HIS ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS 
RETIREMENT; AND 

(II) A PENSION, IN ADDITION TO HIS ANNUITY, WHICH 
SHALL BE EQUAL TO NINE HUNDRED A>?D TWENTY FIVE ONE THOUSA^fDTHS 
(.025%) OF HIS AVERAGE FINAL COMPENSATION IN THE CASE OF CLASS A 
MEMBERS, AND EIGHT HUNDRED MiD FIFTY ' FOUR ONE THOUSAJ^DTHS OF ONE 
PERCENT (.05 4 %) OF HIS AVERAGE FINAL COMPENSATION IN THE CASE OF 
CLASS D MEMBERS, MULTIPLIED BY THE NUMBER OF YEARS OF HIS SERVICE 
SINCE JANUARY 1, 1026; A>JD 



166 



Ord. No. 275 



(III) IF HE IIAC BLEU CREDITED WITH PRIOR GERVIGE, 
A CUrrLEMENTAL PENCIOH VnilCII CIIALL BE EQUAL TO ONE CIXTIETH 
(1/60) OF IIIC AVERAGE FINAL COMTENCATION IN THE CAGE OF CLASS A 
MEMBERS hUD ONE SIXTY FIFTH (1/05) IN THE CASE OF CLASS B 
MEMBERS, MULTIPLIED BY THE NUMBER OF YEARS OF SUCH PRIOR SERVICE; 

(IV) IF AT THE TIME OF RETIREMENT THE A>OfUITY 
DETERMINED IN ACCORDANCE WITH SECTION G(B)(2)(I), RESULTING FROM 
THE MEMBER'S CONTRIBUTIONS FOR SERVICE, IS LESS TIIA}f THE PE>fSION 
RESULTING FROM THE MEMBER'S YEARS OF SERVICE DETERMINED IN 
ACCORDA>fCE WITH SECTION 6(B) (2) (II), A SUPPLEMENTAL PENSION EQUAL 
TO THE DIFFERENCE BETWEEN THE TWO SHALL BE PAYABLE. 

THE ADDITIONAL A>fNUITY PROVIDED AS THE RESULT OF 
VOLU>fTARY EXCESS CONTRIBUTIONS U>?DER SECTIONS 0(A)(2) AND 0(A)( 4 ) 
SHALL BE PAYABLE A>?D SilALL NOT BE USED IN DETERMINING THIS 
SUPPLEMENTAL PENSION, IF ANY, PAYABLE UHDER THIS SUBSECTION. 

(V) PROVIDED, HOWEVER, THAT UPON RETIREMEtrT FROM 
SERVICE, A CLASS A OR CLASS B MEMBER WHO HAS NOT ATTAINED THE AGE 
OF SIXTY (GO), BUT HAS ACQUIRED THIRTY (30) YEARS OR MORE OF 
SERVICE, SHALL BE ENTITLED TO RECEIVE THE MAXIMUM SERVICE 
RETIREMENT ALLOWAIJCE WHICH SHALL CONSIST OF A>J At»JUITY AS 
PROVIDED FOR IN SECTION G(B)(2)(I) PLUS THE ACTUARIAL EQUIVALE>fT 
OF THE PENSION PROVIDED FOR IN SECTION 6(B) (2) (II), PLUS THE 
ACTUARIAL EQUIVALENT OF THE SUPPLEMENTAL PENSION PROVIDED FOR IN 
SECTION 6(B) (2) (III) , PLUS IF THE AtJtOJITY PROVIDED FOR IN SECTION 
G(B)(2)(I) IS LESS TIIA}f THE ACTUARIAL EQUIVALENT OF THE PENSION 
PROVIDED FOR IN SECTION G(B)(2)(II), A SUPPLEMENTAL PENSION EQUAL 
TO SUCH DIFFERENCE; OR SUCH MEMBER MAY ELECT AT THE TIME OF 
RETIREMENT TO HAVE HIS SERVICE RETIREMENT ALLOWA>fCE DEFERRED TO 
COMMENCE UPON THE ATTAIt^ENT OF AGE SIXTY (60), IN WHICH EVENT 
THE A>mUITY SHALL BE THE ACTUARIAL EQUIVALENT OF HIS ACCUMULATED 
CONTRIBUTIONS, WITH REGULAR INTEREST ACCUMULATED THEREON, TO AGE 
SIXTY (60), AtJD THE PENSIONS PAYABLE SHALL BE IN THE AMOU>?TS 

COMPUTED AS PROVIDED IN SECTIONS 6(B) (2) (II), G(B)(2)(III) AND 

6(B) (2) (IV). FOR THE PURPOSE OF THIS SUBSECTION (B)(2)(V), THE 
ACTUARIAL EQUIVALENT SHALL BE BASED ON A REDUCTION OF ONE -SIXTH 
OF ONE PERCENT (1/G%) FOR EACH FULL MONTH (OR FRACTION THEREOF) 
BY WHICH THE COMMENCEMENT OF HIS PENSION PRECEDES HIS GOTH 
BIRTHDAY . 

(VI) OPTIONAL RETIREMENT ALLOWA>fCES. (1) ANY CLASS 
A OR CLASS B MEMBER WHO IS ENTITLED TO RECEIVE THE MAXIMUM 
SERVICE RETIREMENT ALLOWA>?CE MAY ELECT TO RECEIVE SUCH MAXIMUM 
SERVICE RETIREMENT ALLOWA>JCE, OR HE MAY ELECT TO RECEIVE THE 
ACTU/miAL EQUIVALENT OF SUCH MAXIMUM SERVICE RETIREMENT 
ALLOWA>JCE, COMPUTED AS OF THE EFFECTIVE DATE OF HIS RETIREMENT, 
IN A LESSER AMOU>?T PAYABLE TimOUGHOUT HIS LIFE IN ACCORDA>JCE WITH 
THE FOLLOWING PROVISIONS ; 

OPTION 1. IF HE DIES BEFORE HE HAS RECEIVED 

IN TOTAL RETIREMENT BENEFITS THE PRESENT. VALUE OF HIS RETIREMENT 

167 



Ord. No. 275 



ALLOWANCE AC IT WAG AT TIIE TIME OF HIC RETIREMEtrT; THE DAIAWGE 
SHALL BE PAID TO IIIC LEGAL RErRECENTATIVEC OR TO CUCH PERGON AC 
HE GHALL NOMINATE BY WRITTEN DEGIGNATION DULY ACK??OWLEDGED AND 
FILED WITH THE BOARD OF TRUGTEEG; OR 

OPTION 2. UTON HIC DEATH, HIO RETIREMEtfT 

ALLOWANCE AC IT WAG AT THE TIME OF HIC RETIREMENT, GHALL B £ 
CONTINUED THROUGHOUT THE LIFE OF A}JD PAID TO GUCH PERGON AG HE 
GHALL NOMINATE BY WRITTEN DEGIGNATION DULY ACKNOWLEDGED AND FILED 
WITH THE BOARD OF TRUGTEEG AT THE TIME OF HIC RETIREMENT; OR 

OPTION 3. UPON HIC DEATH, ONE HALF (1/2) OF 

HIC RETIREMENT ALLOWANCE AG IT WAG AT THE TIME OF HIC RETIREMENT 
GHALL BE COtmtfUED THROUGHOUT THE LIFE OF A>JD PAID TO GUCH PERGON 
AG HE GHALL NOMINATE BY WRITTEN DEGIGNATION DULY ACKNOWLEDGED AND 
FILED WITH THE BOARD OF TRUGTEEG AT THE TIME OF HIC RETIREME>rr; 
OR 

OPTION 4 . GOME OTHER PERIODICALLY PAID 

BENEFIT OR BENEFITC GHALL BE PAID EITHER TO THE CLAGG A OR CLACC 
B MEMBER OR TO CUCH PERGON OR PERGONG AC HE GHALL NOMINATE, 
PROVIDED GUCH OTHER BENEFIT OR BE>fEFITC GHALL BE CERTIFIED BY THE 
ACTUARY TO BE OF EQUIVALE>?T ACTUARIAL VALUE TO HIC RETIREMENT 
ALLOWA>JCE, AND GUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES. 

(VII) ANY LIVING RETIRED CLACC A OR CLACC D MEMBER 
GHALL HAVE THE RIGHT, WITHIN THIRTY (30) DAYC AFTER THE EFFECTIVE 
DATE OF HIG RETIREMENT, A>fD NOT THEREAFTER, TO CHA>JGE HIC 
ELECTION OF THE MAXIMUM GERVICE RETIREME>rr ALLOWA>JCE TO ANY ONE 
OF THE OPTIONC HEREINBEFORE GET FORTH, OR TO CHANGE HIC ELECTION 
OF ANY ONE OF CAID OPTIONG TO ANOTHER ONE OF GAID OPTIONG, OR TO 
CHANGE HIC ELECTION FROM MiY ONE OF GAID OPTIONC TO THE MAXIMUM 

GERVICE RETIREMENT ALLOWA>fCE. ANY LIVING RETIRED CLAGG A OR 

CLAGG B MEMBER GHALL HAVE THE RIGHT, WITHIN THIRTY (30) DAYC 
AFTER THE EFFECTIVE DATE OF HIG RETIREMENT, TO CHAliGE HIC 
DEGIGNATION OF A BENEFICIARY; BUT THEREAFTER NO GUCH CIIA>JGE MAY 
BE MADE IN CON>IECTION WITH A>?Y OPTION HEREINBEFORE GET FORTH 
WHICH PRO VI DEC FOR THE PAYMENT OF A RETIREMENT ALLOWANCE TO, AND 
TimOUGHOUT THE LIFE OF THE BENEFICIARY DEGIGNATED. 

THE ELECTION OF AtfY OPTION OR MfY CHANGE IN 
COmJECTION THEREWITH GHALL BE MADE ON FORMC PROVIDED FOR THAT 
PURPOGE BY THE RETIREMENT CYCTEMG OFFICE OF THE CITY OF 
BALTIMORE, AND FILED WITH GAID OFFICE. 

(VIII) IF A>fY LIVING RETIRED CLACC A OR CLACC B 
MEMBER CHANGEC THE TYPE OR KIND OF RETIREMENT ALLOWA>JCE ELECTED 
BY HIM, AG PROVIDED HEREINBEFORE, THEN MfY PAYMENTG WHICH MAY 
HAVE BEEN MADE TO HIM PRIOR TO CUCH CHANGE ARE TO BE TAKEN ItfTO 
ACCOU>rr in arriving at the AMOU>fT TO BE PAID TO HIM IN CONNECTION 
WITH THE RETIREMENT ALLOWANCE FINALLY CELEC gSB^ 

(IX) ANY CLACC A OR CLACC B MEMBER WHO RETIREC AtJD 
DIEC WITHIN THIRTY (30) DAYC AFTER THE EFFECTIVE DATE OF HIC 

168 



I 



Ord. No. 275 

RETIREME>fT; MiD WIIO HAS DEE>f GRAJfTED A RETIREMENT ALLOWAMCE OF 
MAXIMUM BENEFITG FOR CERVICE UlfDDR THIC GUDCECTION, OR WIIO IIAC 
ELECTED TO RECEIVE ONE OF THE GEVERAL OPTIONAL RETIREMEtfT 
ALLOWANCEC AVAILABLE IN LIEU THEREOF; CIIALL BE CONSIDERED AC A 
MEMBER'S DYING IN ACTIVE GERVICE, A>JD THE ORDINARY DEATH BENEFITG 
PROVIDED FOR IN CECTION 6(H) GHALL BE PAID IN LIEU OF THE 
BENEFITG PROVIDED FOR IN THIG GUBCECTION. 

(X) hHY CERVICE RETIREMENT ALLOWMfCE PAYMEirTG MADE 
TO ANY RETIRED CLAGC A OR CLAGG B MEMBER, WHO DIEC WITHIN THIRTY 

(30) DAYG AFTER THE EFFECTIVE DATE OF HIC RETIREMENT; GHALL -^E ^ 

OFFGET AGAINOT ANY AMOU>fTC PAYABLE U>fDER THE PROVICIONG OF ^,^ 

CECTION G(H) . -^? 

(XI) NOTWITHCTANDING ANY PROVICION TO THE CONTRARY /^ Zt 
CONTAINED IN THIG GUBCECTION, A>fY CLAGC A OR CLAGC B MEMBER WHO ^ f" 
RETIREG PRIOR TO AGE CIXTY (60) AND WHO DEFERC HIC RETIREMENT AL - C 4 
LOWA>JCE TO COMMENCE UPON HIS ATTAI>fMENT OF AGE GIXTY (60), CHALL f* (fl 
BE CONCIDERED AC A MEMBER 'C DYING IN ACTIVE CERVICE IF HE DIEC AT f^ S>; 
A>?Y TIME BETWEEN THE EFFECTIVE DATE OF HIC RETIREMENT AND THIRTY 

(30) DAYG FOLLOWING HIC ATTAIt?MENT OF AGE GIXTY (60), AND THE 
BENEFITG PROVIDED IN CECTION 6(H) GHALL BE PAID AG THEREIN 

PROVIDED. A>?Y RETIREMENT ALLOWANCE PAYMENTC MADE TO CAID MEMBER 

AFTER HIC ATTAI>fMENT OF AGE GIXTY (60), CHALL BE OFFGET AGAINST 



M1Y AMOUNTG PAYABLE U>JDER THE PROVICIONG OF CECTION G(H). -": 'fl 



(XII) NOTWITHCTANDING A>JYTHING TO THE CO>fTRARY IN C- >¥ 

THIG CUBTITLE, GHOULD A CLAGC A OR CLAGC D MEMBER BE REMOVED FROM ^ *^ 

A REGULAR PERMANENT POGITION OF THE CITY WITHOUT FAULT UPON HIC P 'f 

PART, OR GHOULD A CLAGC A OR CLAGC B MEMBER APPOINTED OR ELECTED M 

FOR A FIXED TERM NOT BE REAPPOINTED OR RE - ELECTED, AFTER THE r^ IZ 

ACQUICITION OF TWENTY (20) YEARG OF CERVICE, CUCH MEMBER MAY l^^ \/ 

ELECT, IN LIEU OF THE WITHDRAWAL OF HIC ACCUMULATED fQ f^ 

CONTRIBUTIONG, TO RECEIVE A RETIREMENT ALLOWA>JCE EQUAL TO THE ^ 2 

ORDINARY DICABILITY RETIREMENT ALLOWA>fCE AG PROVIDED IN GECTION ^ % 

6 (D), WHICH WOULD HAVE BEEN PAYABLE AT CUCH TIME HAD HE BEEN ^ >l 

RETIRED ON AN ORDINARY DICABILITY RETIREMENT. ^0 ^ 

NOTWITHCTA>JDING ANYTHING TO THE CONTRARY IN THIS '^'. 

CUBTITLE, GHOULD A CLAGC A OR CLAGC B MEMBER LEAVE CERVICE FOR ^7 

THE REACONG DEGCRIBED IN THE ABOVE PARAGRAPH, WITH LEGG THAN 
TWENTY (20) YEARG OF CERVICE, BUT AFTER THE ACQUICITION OF FIVE 
(5) YEARG OF CERVICE, CUCH MEMBER MAY ELECT TO HAVE HIC 
ACCUMULATED CONTRIBUTIONG REMAIN IN THE CYCTEM WITH REGULAR 
INTERECT THEREON, WHILE NO LONGER IN CERVICE, A>JD ON THE 
ATTAI>JMENT OF AGE CIXTY (60) CUCH MEMBER GHALL BE ENTITLED TO 
RECEIVE A CERVICE RETIREMENT ALLOWA>fCE AC PROVIDED FOR U>?DER THE 
PROVICIONG OF CECTION G (B)(2) OF THIC CUBTITLE, COMPUTED AC IF HE 

WERE A MEMBER RETIRING FROM CERVICE AT AGE CIXTY (60) . GHOULD A 

MEMBER CO ELECTING DIE BEFORE ATTAINING AGE CIXTY (60), THE 
AMOUNT OF HIC ACCUMULATED CONTRIBUTIONG WITH INTERECT TO THE DATE 
OF HIC DEATH CIIALL BE PAID TO HIC ECTATE, OR TO CUCH PERCON AC HE 
GHALL HAVE NOMINATED BY WRITTEN DECIGNATION DULY ACKNOWLEDGED AND 
FILED WITH THE BOARD OF TRUCTEEC AT THE TIME OF HIC RETIREMENT. 

169 



Ord. No. 275 

OUCII DEGEACED MEMBER 'C DE>JEFICIAR¥ OR IIIG ECTATE GIIALL HOT BE EM 
TITLED TO A>f¥ BENEFITS UHDER TlllC GUBTITLE OTHER TIIAl? THE RBT Vf&i 

OF TIIE DEGEACED MEMBER'S ACCUMULATED COtrTRIBUTIONC. CHOULD SUCH 

A BENEFICIARY BE RECTORED TO ACTIVE SERVICE, IIIC RETIREMENT 
ALLOWANCE SHALL CEASE, AND HE SHALL AGAIN BECOME A MEMBER OF TIIE 
RETIREMENT SYSTEM. 

(XIII) NOTWITIISTAtJDING ANYTHING TO THE COtrTRARY IN 
THIS GUBTITLE, SHOULD A CLASS A OR CLASS B MEMBER, VniO HAS 
ACQUIRED FIFTEEN (15) OR MORE YEARS OF SERVICE, LEAVE A REGULAR 
RERMMJENT POSITION OF THE CITY, SUCH MEMBER MAY ELECT TO HAVE IIIG 
ACCUMULATED CONTRIBUTIONS REMAIN IN THE SYSTEM WITH REGULAR 
INTEREST THEREON, WHILE NO LONGER IN SERVICE, A>^D UPON ATTAINING 
TIIE AGE OF SIXTY (60), SUCH MEMBER SHALL BE ENTITLED TO RECEIVE 
TIIE MAXIMUM SERVICE RETIREMENT ALLOWA>JCE AS PROVIDED FOR IN 
SECTION G(B)(2), COMPUTED AS IF HE WERE A MEMBER RETIRING FROM 

SERVICE AT AGE SIXTY (60). SHOULD A MEMBER SO ELECTING DIE 

BEFORE ATTAINING AGE SIXTY (60), THE AMOU>fT OF HIS ACCUMULATED 
CONTRIBUTIONS WITH INTEREST TO THE DATE OF HIS DEATH SHALL BE 
PAID TO HIS ESTATE, OR TO SUCH PERSON AS HE SHALL HAVE NOMINATED 
BY WRITTEN DESIGNATION, DULY ACK?fOWLEDGED A>fD FILED WITH THE 
BOARD OF TRUSTEES. THE BENEFICIARY OR THE ESTATE OF A DECEASED 
MEMBER, WHO DIES BEFORE ATTAINING THE AGE OF SIXTY (60), SHALL 
NOT BE ENTITLED TO A>?Y BENEFITS U>JDER THIS SUBTITLE OTHER THAN 
TIIE RETURN OF THE DECEASED MEMBER'S ACCUMULATED CONTRIBUTIONS 

WITH INTEREST TO TIIE DATE OF DEATH. THIS PARAGRAPH SHALL NOT 

APPLY TO - ANY CLASS A OR CLASS B MEMBER WHO IS COtr/ICTED OF A JOB 
RELATED OFFENSE, SUCH OFFENSE BEING EITHER A MISDEMEANOR OR 
FELONY PU>JISHABLE BY INCARCERATION FOR MORE THA>J SIX (G) MONTHS 
OR PUNISHABLE BY A FINE IN EXCESS OF $500.00. TO BE JOB RELATED, 

ll! TIIE OFFENSE MUST BE COMMITTED BY THE MEMBER IN THE PERFORMANCE OF 

HIS DUTIES AS AN EMPLOYEE OR AN OFFICIAL OF THE CITY OF BALTIMORE 

III A>fD COMMITTED AGAINST TIIE CITY OF BALTIMORE. 

*' (XIV) ANY CLASS A OR CLASS B MEMBER WHO LEAVES 

:; CITY EMPLOYMENT AND IS E>fTITLED TO A>fY BENEFITS U>?DER SUBSECTIONS 

J'l (A) OR (B) (2) OF THIS SECTION IF HE IS SUBSEQUENTLY REEMPLOYED BY 

THE CITY, SHALL UPON HIS RETUIUf TO CITY EMPLOYMENT BE IMMEDIATELY 
CONTI>nJED AS A CLASS A OR CLASS B MEMBER. THEREUPON HE SHALL BE 
CREDITED WITH A>JY PAST SERVICE, MfD ANY RETIREMENT ALLOWANCE HE 
MAY BE RECEIVING SHALL BE DISCONTItfUED. 

(XV) IN THE EVENT THAT A MEMBER ELECTS TO RECEIVE 
MAXIMUM BENEFITS WITHOUT OPTIONAL MODIFICATION LATER DIES AND IS 
SURVIVED BY A SPOUSE TO WHOM TIIE MEMBER HAD BEEN MARRIED FOR AT 
LEAST ONE (1) YEAR IMMEDIATELY PRIOR TO RETIREMENT, A>? AMOU>rr 
EQUAL TO 3 5% OF TIIE ALLOWAtJCE SAID MEMBER WAS RECEIVING SHALL BE 
PAID TO SUCH SURVIVING SPOUSE TO CONTimJE AS LONG AS HE OR SHE 

REMAINS UNMARRIED. IF THERE IS NO SUCH SPOUSE OR IF TIIE SPOUSE 

DIES OR REMARRIES BEFORE THE YOUNGEST U>fMARRIED CHILD OF SAID 
DECEASED MEMBER SHALL HAVE EITHER ATTAINED THE AGE OF EIGHTEEN 
(10) YEARS OR, IN THE EVENT SAID CHILD IS A FULL TIME STUDENT, 
BEFORE HE SHALL HAVE ATTAINED THE AGE OF TWENTY - TWO (22) YEARS, 
THEN AN AMOUNT EQUAL TO 35% OF THE ALLOWA>fCE OF SAID MEMBER WAS 

170 



I" 



Ord. No. 275 

RECEIVING CIIALL BE PAID TO GUCII CHILD OR CIIILDREN, DIVIDED IN 
GUCII MAimER AC THE BOARD OF TRUCTEEG IN ITC DICCRETION GIIALL 
DETERMINE TO CONTI?fUE FOR TIIE BENEFIT OF GUCII CHILD OR CHILDREN 
UNTIL THE LACT CHILD MARRIEG, DIEG OR EITHER ATTAING THE AGE OF 
EIGHTEEN (10) YEARG OR IN TIIE EVENT HE IG A FULL TIME GTUDENT, 
ATTAING TIIE AGE OF TWENTY TWO (22) YEARG. 

Icl Ordinary disability retirement benefit FOR ANY c;ASS A 
OR CLASS B MEMBER WHO WAS AN EMPLOYEE ON OR AFTER JUNE 29. 1989. 
Any Class A or Class B Member who has acquired five (5) or more 

years of service and who has been determined by a hearing "T^^ 

examiner to be mentally or physically incapacitated for the ^1^ 

further performance of the duties of his job classification in "^ /; 

the employ of Baltimore City, and that such incapacity is likelv y 

to be permanent, shall be retired by the Board of Trustees on an ^" >, 

ordinary disability retirement, not less than thirty (30) and not >* 

more than ninety (90) days next following the date of filing his ^' 

application for ordinary disability retirement benefits. T 

r ^ 

UPON RETIREMENT FOR ORDINARY DISABILITY. A CLASS A OR CLASS f / 

B MEMBER SHALL BE ENTITLED TO RECEIVE THE MAXIMUM SERVICE ( ■ ^ 

RETIREMENT ALLOWANCE IF HE HAS ATTAINED THE AGE OF SIXTY (60) : p, 

OTHERWISE. HE SHALL BE ENTITLED TO RECEIVE THE MAXIMUM ORDINARY ' >5 

DISABILITY RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF: ^ f>j 

(1) AN ANNUITY, WHICH SHAt^;. Bg THE ACTUARIAI. EQUTVALENT *• 

OF HIS ACCUMULATED CONTRIBUTIONS AT THE TIME OF RETIREMENT; AND -» 'T 

*» i^ 

(2) A PENSION. WHICH TOGETHER WITH HIS AN NUITY. SHALL ?' J^ 
PROVIDE A TOTAL RETIREMENT ALLOWANCE EQUAL TO ONE AND EIGHTY-FIVE '0 
HUNDREDTHS OF ONE PERCENT (1.85%) OF HIS AVERAGE FINAL r-^ V 
COMPENSATION IN THE CASE OF CLASS A MEMBERS. AND ONE AND SEVEN 
TENTHS OF ONE PERCENT (1.70%) OF HIS AVERAGE FINAL COMPENSATION ^U 



IN THE CASE OF CLASS B MEMBERS. MULTIPLIED BY THE NUMBER OF YEARS jQ ^ 

" g 9 



OF HIS SERVICE IF SUCH RETIREMENT ALLOWANCE EXCEEDS TWENTY-FIVE 

PERCENT (25%) OF HIS AVERAGE FINAL COMPENSATION: OTHERWISE. A 

PENSION. WHICH TOGETHER WITH HIS ANNUITY. SHALL PROVIDE A TOTAL 

RETIREMENT ALLOWANCE EQUAL TO ONE AND EIGHTY-FIVE HUNDREDTHS OF I^^n 

ONE PERCENT (1.85%) OF HIS AVERAGE FINAL COMPENSATION IN THE CASE 

OF CLASS A MEMBERS. AND ONE AND SEVEN TENTHS OF ONE PERCENT 

(1.70%) OF HIS AVERAGE FINAL COMPENSATION IN THE CASE OF CLASS B 

MEMBERS. MULTIPLIED BY THE NUMBER OF YEARS WHICH WOULD BE 

CREDITED TO HIM WERE HIS SERVICE TO CONTINUE UNTIL THE ATTAINMENT 

OF AGE SIXTY (60) . SO FAR AS THE RESULTING TOTAL RETIREMENT 

ALLOWANCE SHALL NOT EXCEED TWENTY-FIVE PERCENT (25%) OF HIS 

AVERAGE FINAL COMPENSATION. HOWEVER. FOR MEMBERS WHO TERMINATE 

EMPLOYMENT WITH THE CITY BEFORE JUNE 29. 1990. THE PRECEDING 

SENTENCE SHALL BE READ BY SUBSTITUTING "ONE AND EIGHTY-FOUR 

HUNDREDTHS OF ONE PERCENT (1.84%)" FOR "ONE AND EIGHTY-FIVE 

HUNDREDTHS OF ONE PERCENT (1.85%)". AND BY SUBSTITUTING "ONE AND 

SIXTY-NINE HUNDREDTHS OF ONE PERCENT (1.69%)" FOR "ONE AND SEVEN 

TENTHS OF ONE PERCENT (1.70%)". 



171 



Ord. No. 275 

THE ADDITIONAL ANNUI TY PROVIDED AS THE RESULT OF VOLUNTARY 
EXCESS CONTRIBUTIONS UNDER SECTIONS 8fAW2) AND 8fAW4) SHALT. RF 
PAYABLE AND SHALL NOT BE USED IN DETERMINING THE ORDINARY 
DISABILITY PENSION UNDER THIS SUBSECTION. 

(3) OPTIONAL RETIREMENT ALLOWANCES. 

ANY CLASS A OR CLASS B MEMBER WHO IS ENTITLED TO 
RECEIVE THE MAXIMUM ORDINARY DISABILITY RETIREMENT ALLOWANCE MAY 
ELECT TO RECEIVE SUCH MAXIMUM ORDINARY DISABILITY RETIREMENT 
ALLOWANCE. OR HE MAY ELECT TO RECEIVE THE ACTUARIAL EOUIVALENT OF 
SUCH MAXIMUM ORDINARY DISABILITY RETIREMENT ALLOWANCE. COMPUTED 
AS OF THE EFFECTIVE DATE OF HIS RETIREMENT. IN A LESSER AMOUNT 
PAYABLE THROUGHOUT HIS LIFE IN ACCORDANCE WITH THE FOLLOWING 
PROVISIONS: 

OPTION 1. IF HE DIES BEFORE HE HAS RECEIVED 
IN TOTAL RETIREMENT BENEFITS THE PRESENT VALUE OF HIS RETIREMENT 
ALLOWANCE AS IT WAS AT THE TIME OF HIS RETIREMENT. THE BALANCE 
SHALL BE PAID TO HIS LEGAL REPRESENTATIVES OR TO SUCH PERSON AS 
HE SHALL NOMINATE BY WRITTEN DESIGNATION DULY ACKNOWLEDGED AND 
FILED WITH THE BOARD OF TRUSTEES: OR 

OPTION 2. UPON HIS DEATH. HIS RETIREMENT 
ALLOWANCE AS IT WAS AT THE TIME OF HIS RETIREMENT SHALL CONTINUE 
THROUGHOUT THE LIFE OF AND PAID TO SUCH PERSON AS HE SHALL 
NOMINATE BY WRITTEN DESIGNATION DULY ACKNOWLEDGED AND FILED WITH 
M THE BOARD OF TRUSTEES AT THE TIME OF HIS RETIREMENT: OR 

OPTION 3. UPON HIS DEATH. ONE-HALF fl/2) OF 
|i HIS RETIREMENT ALLOWANCE AS IT WAS AT THE TIME OF HIS RETIREMENT 

•" SHALL BE CONTINUED THROUGHOUT THE LIFE OF AND PAID TO SUCH PERSON 

II, AS HE SHALL NOMINATE BY WRITTEN DESIGNATION DULY A CKNOWLEDGED AND 

FILED WITH THg BOARD OF TRUSTEES AT THE TJMg OF HIS RgT?RPMENT? 

OR 

OPTION 4. SOME O THER PERIOD ICALLY PAID 
... BENEFIT OR BENEFITS SHALL BE PAID EITHER TO THE CLASS A OR CLASS . 

■ B MEMBER OR TO SUCH A PERSON OR PERSONS AS HE SHALL NOMINATE. 

PROVIDED SUCH OTHER BENEFIT OR BENEFITS SHALL BE CERTIFIED BY THE 
ACTUARY TO BE OF EOUIVALENT ACTUARIAL VALUE TO HIS RETIREMENT 
ALLOWANCE. AND SUBJECT TO APPROV AL BY THE BOARD OF TRUSTEES. 

Ill ANY LIVING RETIRED CL ASS A OR CLASS B MEMBER SHALL 
HAVE THE RIGHT. WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE 
OF HIS RETIREMENT. AND NOT THEREAFTER. TO CHANGE HIS ELECTION OF 
. THE MAXIMUM ORDINARY DISABILITY RETIREMENT ALLOWANCE TO ANY ONE 
OF THE OPTIONS HEREINBEFORE SET FORTH. OR TO CHANGE HIS ELECTION 
OF ANY ONE OF SAID OPTIONS TO ANOTHER ONE OF SAID OPTIONS. OR TO 
CHANGE HIS ELECTION FROM ANY ONE OF SAID OPTIONS TO THE MAXIMUM 
ORDINARY DISABILITY RETIREMENT ALLOWANCE. 



172 



<:; 



Ord. No. 275 

ANY LIVING RETIRED CLASS A OR CLASS B MEMBER SHALL HAVE THE 
RIGHT. WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF HIS 
RETIREMENT. TO CHANGE HIS DESIGNATION OF A BENEFICIARY: BUT 
THEREAFTER NO SUCH CHANGE MAY BE MADE IN CONNECTION WITH ANY 
OPTION HEREINBEFORE SET FORTH WHICH PROVIDES FOR THE PAYMENT OF A 
RETIREMENT ALLOWANCE TO. AND THROUGHOUT THE LIFE OF. THE 
BENEFICIARY DESIGNATE D. 

THE ELECTION OF ANY OPTION OR ANY CHANGE IN CONNECTION 
THEREWITH SHALL BE MADE ON FORMS PROVIDED FOR THAT PURPOSE BY THE 
RETIREMENT SYSTEMS OFFICE OF THE CITY OF BALTIMORE. AND FILED 
WITH SAID OFFICE. >^ ^ 



(5) IF ANY LIVING RETIRED CLASS A OR CLASS B MEMBER < 

CHANGES THE TYPE OR KIND OF RETIREMENT ALLOWANCE ELECTED BY HIM. — ^ 






:^ 



AS PROVIDED HEREINBEFORE. THEN ANY PAYMENTS WHICH MAY BEEN MADE 

TO HIM PRIOR TO SUCH CHANGE ARE TO BE TAKEN INTO ACCOUNT IN <«. 

ARRIVING AT THE AMOUNT TO BE PAID TO HIM IN CONNECTION WITH THE f ; 

RETIREMENT ALLOWANCE FINALLY SELECTED. f > 

r 1 

(6) ANY CLASS A OR CLASS B MEMBER WHO RETIRES AND DIES /- ,-^ 

WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF HIS ^ 
RETIREMENT. AND WHO HAS BEEN GRANTED A RETIREMENT ALLOWANCE OF 
MAXIMUM BENEFITS FOR ORDINARY DISABILITY UNDER THIS SUBSECTION. 
OR WHO HAS ELECTED TO RECEIVE ONE OF THE SEVERAL OPTIONAL 
RETIREMENT ALLOWANCES AVAILABLE IN LIEU THEREOF. SHALL BE 

CONSIDERED AS A MEMBER DYING IN ACTIVE SERVICE. AND THE ORDINARY t ,^ 

DEATH BENEFITS PROVIDED FOR IN SECTION 6fH) SHALL BE PAID IN LIEU ^ \^ 

OF THE BENEFITS PROVIDED FOR- IN THIS SUBSECTION. ^ " ' ^ 

•J 

111 ANY ORDINARY DISABILITY RETIREMENT ALLOWANCE V 

PAYMENTS MADE TO ANY RETIRED CLASS A OR CLASS B MEMBER. WHO DIES „^ 'Z 

WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF HIS -^'Q C 

RETIREMENT. SHALL BE OFFSET AGAINST ANY AMOUNTS PAYABLE UNDER THE t^ 2 

PROVISIONS OF SECTION 6(H). C- ^ 

(8) PENSIONS OFFSET BY COMPENSATION BENEFITS. ANY ^ ^ 

AMOUNTS WHICH MAY BE PAID OR PAYABLE BY THE CITY OF BALTIMORE. 
UNDER THE PROVISIONS OF ANY WORKMEN'S COMPENSATION OR SIMILAR 
LAW. TO A CLASS A OR CLASS B MEMBER OR TO THE DEPENDENTS OF A 
MEMBER ON ACCOUNT OF ANY DISABILITY OR DEATH. SHALL BE OFFSET 
AGAINST AND PAYABLE IN LIEU OF ANY BENEFITS PAYABLE OUT OF FUNDS 
PROVIDED BY THE CITY OF BALTIMORE UNDER THE PROVISIONS OF THIS 
SUBTITLE ON ACCOUNT OF THE SAME DISABILITY OR DEATH. IN CASE THE 
PRESENT VALUE OF THE TOTAL COMMUTED BENEFITS UNDER SAID WORKMEN'S 
COMPENSATION OR SIMILAR LAW IS LESS THAN THE PENSION RESERVE FOR 
THE BENEFITS OTHERWISE PAYABLE FROM FUNDS PROVIDED BY THE CITY OF 
BALTIMORE UNDER THIS SUBTITLE. THEN THE PRESENT VALUE OF THE 
COMMUTED PAYMENTS OF THE WORKMEN'S COMPENSATION BENEFITS OR 
SIMILAR LAW SHALL BE DEDUCTED FROM THE PENSION RESERVE AND SUCH 
BENEFITS AS MAY BE PROVIDED BY THE PENSION RESERVE SO REDUCED 
SHALL BE PAYABLE UNDER THE PROVISIONS OF THIS SUBTITLE. 



173 



A 



Ord. No. 275 

lil THE PANEL OF HEARING EXAMINERS MAY. AT ITS 
DISCRETION BUT NOT MORE FREQUENTLY THAN ONCE IN ANY ONE YEAR. 
REOUIRE ANY RETIRED CLASS A OR CLASS B MEMBER. WHO IS RECEIVING A 
DISABILITY RETIREMENT ALLOWANCE AND. WHO HAS NOT YET ATTAINED AGE 
SIXTY (60) . TO UNDERGO A MEDICAL EXAMINATION TO DETERMINE WHETHER 
HE HAS BECOME FIT TO RESUME DUTIES IN THE NATURE OF THOSE HE WAS 
PERFORMING PRIOR TO HIS RETIREMENT. SUCH EXAMINATION SHALL BE 
MADE IN THE PLACE OF RESIDENCE OF SAID RETIREE. OR OTHER PLACE 
MUTUALLY AGREED UPON BY THE RETIREE AND A PHYSICIAN OR PHYSICIANS 
DESIGNATED BY THE PANEL OF HEARING EXAMINERS. THE EXAMINING 
PHYSICIAN SHALL REPORT HIS FINDINGS TO THE PANEL OF HEARING 
EXAMINERS. IF IN THE OPINION OF THE EXAMINING PHYSICIAN. SAID 
RETIREE IS ABLE TO RESUME SAID DUTIES. THE MEDICAL SERVICES 
DIVISION OF THE CIVIL SERVICE COMMISSION OR APPLICABLE 
DEPARTMENTAL PHYSICIAN SHALL THEREAFTER CONDUCT A RE- EXAMINATION 
OF SAID RETIREE; AND IF IT CONCURS IN THE OPINION OF THE 
EXAMINING PHYSICIANS. IT SHALL CERTIFY TO THE PANEL OF HEARING 
EXAMINERS THAT SAID RETIREE IS FIT FOR THE FURTHER PERFORMANCE OF 
DUTIES IN THE NATURE OF THOSE HE WAS PERFORMING PRIOR TO HIS 
RETIREMENT. IF THE EXAMINING PHYSICIANS' OPINIONS DO NOT CONCUR. 
THE PANEL OF HEARING EXAMINERS SHALL SCHEDULE A HEARING TO 
DETERMINE THE FITNESS OF A RETIREE TO PERFORM HIS FORMER DUTIES. 
THE PANEL OF HEARING EXAMINERS SHALL THEREAFTER SUBMIT ITS 
DETERMINATION TO THE HEAD OF THE DEPARTMENT IN WHICH THE RETIREE 
WAS EMPLOYED PRIOR TO HIS RETIREMENT. AND IN THE CASE OF 
CLA'SSIFIED EMPLOYEES. TO THE CIVIL SERVICE COMMISSION. FOR 
PURPOSE OF RE-EMPLOYMENT. THE RETIREE SHALL BE TREATED BY THE 
HEAD OF HIS DEPARTMENT AND BY THE CIVIL SERVICE COMMISSION AS IF 
HE WERE AN EMPLOYEE ON LEAVE. OF ABSENCE WITHOUT PAY. UNTIL HE IS 
ACTUALLY RE-EMPLOYED BY THE CITY AS AN EMPLOYEE HE SHALL CONTINUE 
I TO RECEIVE HIS ORDINARY DISABILITY RETIREMENT ALLOWANCE. 

f; A DISABILITY RETIREE WHO HAS BEEN CERTIFIED AS FIT FOR 

I' ; FURTHER PERFORMANCE OF HIS DUTIES AND IS RESTORED TO ACTIVE 

['^ ' SERVICE AT A COMPENSATION NOT LESS THAN THE ANNUAL RATE OF 

COMPENSATION BEING PAID CURRENTLY TO PERSONS IN THE SAME GRADE 
.*;. AND STEP AS THE RETIREE WAS AT THE TIME OF HIS RETIREMENT. PLUS 

I THE AMOUNT OF ANY LONGEVITY PAYMENTS CURRENTLY BEING PAID FOR THE 

(' LENGTH OF SERVICE THE RETIREE HAD AT THE TIME OF HIS RETIREMENT. 

SHALL CEASE TO RECEIVE HIS RETIREMENT ALLOWANCE. HE SHALL AGAIN 
BECOME A CLASS A OR CLASS B MEMBER OF THE RETIREMENT SYSTEM AND 
SHALL CONTRIBUTE THEREAFTER AT THE CURRENT RATE OF CONTRIBUTION. 
ANY PREVIOUS SERVICE CREDIT ON THE BASIS OF WHICH HIS SERVICE WAS 
COMPUTED AT THE TIME OF HIS RETIREMENT SHALL BE RESTORED TO FULL 
FORCE AND EFFECT AND IN ADDITION. UPON HIS SUBSEQUENT RETIREMENT. 
HE SHALL BE CREDITED WITH ALL HIS SERVICE AS A MEMBER. 

SHOULD SUCH DISABILITY RETIREE WHO HAS BEEN CERTIFIED 
AS FIT FOR THE FURTHER PERFORMANCE OF HIS DUTIES REFUSE TO ACCEPT 
AN OFFER OF RE-EMPLOYMENT BY THE CITY AS AN EMPLOYEE INVOLVING 
DUTIES IN THE NATURE OF THOSE HE WAS PERFORMING PRIOR TO HIS 
RETIREMENT AND AT A SALARY NOT LESS THAN THE RATE OF ANNUAL 
COMPENSATION BEING PAID CURRENTLY TO PERSONS IN THE SAME GRADE 
AND STEP AS THE RETIREE WAS AT THE TIME OF HIS RETIREMENT. PLUS 

174 



Ord. No. 275 



THE AMOUNT OF ANY LONGEVITY PAYMENTS CURRENTLY BEING PAID FOR THE 
LENGTH OF SERVICE THE RETIREE HAD AT THE TIME OF HIS RETIREMENT. 
ALL RIGHTS IN AND TO HIS PENSION SHALL BE REVOKED BY THE BOARD OF 
TRUSTEES. UPON RECOMMENDATION MADE BY THE PANEL OF HEARING 
EXAMINERS. 

SHOULD SUCH DISABILITY RETIREE REFUSE TO SUBMIT TO THE 
MEDICAL EXAMINATIONS HEREIN PROVIDED FOR. HIS ORDINARY DISABILITY 
RETIREMENT ALLOWANCE MAY BE DISCONTINUED UNTIL THE WITHDRAWAL OF 
SAID REFUSAL. AND SHOULD HIS REFUSAL CONTINUE FOR ONE (1) YEAR. 
ALL RIGHTS IN AND TO HIS PENSION SHALL BE REVOKED BY THE BOARD OF 
TRUSTEES UPON RECOMMENDATION MADE BY THE PANEL OF HEARING 
EXAMINERS. 

(10) A CLASS A OR CLASS B DISABILITY RETIREE MAY. 
WITHOUT REDUCTION OF HIS RETIREMENT ALLOWANCE. EARN ANNUALLY AN 
AMOUNT. HEREINAFTER REFERRED TO AS "EARNINGS". EOUAL TO THE RATE 
OF THE ANNUAL EARNABLE COMPENSATION CURRENTLY BEING PAID TO 
PERSONS IN THE SAME GRADE AND STEP AS THE RETIREE WAS AT THE TIME 
OF HIS RETIREMENT. PLUS THE AMOUNT OF ANY LONGEVITY PAYMENTS 
CURRENTLY BEING PAID FOR THE LENGTH OF SERVICE THE RETIREE HAD AT 
THE TIME OF HIS RETIREMENT. SAID RATE OF EARNABLE COMPENSATION 
PLUS LONGEVITY PAYMENTS. IF ANY. HEREINAFTER REFERRED TO AS "BASE 
AMOUNT." SHOULD SUCH A RETIREE EARN AN ANNUAL AMOUNT WHICH IS 
GREATER THAN HIS BASE AMOUNT. THE PENSION OTHERWISE PAYABLE TO 
HIM SHALL BE REDUCED IN THE FOLLOWING MANNER: 

FOR THE FIRST $5.000 OF EARNINGS IN EXCESS OF THE BASE 
AMOUNT. A REDUCTION OF $1.00 IN PENSION BENEFITS SHALL BE MADE 
FOR EACH $2.00 EARNED. FOR ANY EARNINGS IN EXCESS OF $5.000 OVER 
THE BASE AMOUNT. A REDUCTION OF $2.00 IN PENSION BENEFITS SHALL 
BE MADE FOR EACH $5.00 EARNED. 

IN THE CALENDAR YEAR OF RETIREMENT. THE BASE AMOUNT 
SHALL BE PRORATED ON A MONTHLY BASIS. BENEFITS WHICH MAY BE 
PAYABLE TO A BENEFICIARY OF A DECEASED DISABILITY RETIREE UNDER 
THE PROVISIONS OF THIS SUBTITLE. SHALL NOT BE REDUCED BY REASON 
OF ANY EXCESS EARNINGS SAID RETIREE MAY HAVE HAD; AND THE BASE 
FOR CALCULATING SAID BENEFICIARY'S BENEFITS SHALL BE THE TOTAL 
UNREDUCED RETIREMENT ALLOWANCE OF THE DISABILITY RETIREE. 
NOTWITHSTANDING THE FACT THAT SAID RETIREE WAS RECEIVING A 
REDUCED RETIREMENT ALLOWANCE IN THE YEAR OF HIS DEATH. 

THE TERM "EARNINGS" AS USED IN THIS SUBSECTION SHALL 
MEAN INCOME DERIVED FROM WAGES. SALARIES. TIPS. COMMISSIONS. 
OTHER EMPLOYEE COMPENSATION. AND SELF-EMPLOYMENT. IN ALL CASES 
OF DOUBT THE BOARD OF TRUSTEES SHALL DECIDE WHAT ARE AND WHAT ARE 
NOT "EARNINGS" FOR THE PURPOSES OF ADMINISTERING THE PROVISIONS 
OF THIS SUBSECTION. 

SUCH DISABILITY RETIREE WHO HAS NOT BEEN CERTIFIED AS 
FIT TO PERFORM DUTIES IN THE NATURE OF THOSE HE WAS PERFORMING 
PRIOR TO HIS RETIREMENT MAY. NEVERTHELESS. ACCEPT SUITABLE 
EMPLOYMENT WITH THE CITY. SUBJECT TO THE "EARNINGS" PROVISIONS 

175 



Ord. No. 275 

CONTAINED HEREIN: PROVIDED. HOWEVER. THAT SUCH AN EMPLOYEE SHALL 
NOT AGAIN BECOME A MEMBER OF ANY RETIREMENT SYSTEM SUPPORTED IN 
WHOLE OR IN PART BY THE MAYOR AND CITY COUNCIL OF BALTIMORE. 

(11) ON OR BEFORE MAY 1 OF EACH YEAR FOLLOWING HIS 
DISABILITY RETIREMENT. A CLASS A OR CLASS B DISABILITY RETIREE 
SHALL SUBMIT. ON A FORM ISSUED BY THE BOARD OF TRUSTEES OR ON ITS 
EOUIVALENT AS APPROVED BY THE BOARD OF TRUSTEES. A SIGNED 
STATEMENT SETTING FORTH HIS TOTAL GROSS EARNINGS. IF ANY. IN THE 
PRECEDING CALENDAR YEAR AND THE SOURCE OF SAID EARNINGS. THE 
EXECUTION OF SAID FORMS BY A DISABILITY RETIREE SHALL HAVE THE 
SAME EFFECT AS A STATEMENT SWORN TO BY HIM BEFORE A NOTARY 
PUBLIC. SHOULD ANY DISABILITY RETIREE FAIL TO SUBMIT SAID SIGNED 
STATEMENT. HIS RETIREMENT ALLOWANCE MAY THEREAFTER BE 
DISCONTINUED BY THE BOARD OF TRUSTEES UNTIL HE HAS COMPLIED; AND 
SHOULD HE FAIL TO SUBMIT SAID SIGNED AND COMPLETED STATEMENT BY 
MAY 1. OF THE SUCCEEDING YEAR. ALL RIGHTS IN AND TO HIS PENSION 
MAY BE REVOKED BY THE BOARD OF TRUSTEES. 

(12) IN THE EVENT THAT A MEMBER WHO WAS AN EMPLOYEE ON 
OR AFTER JUNE 29. 1989 RETIRES AND ELECTS TO RECEIVE MAXIMUM 
BENEFITS WITHOUT OPTIONAL MODIFICATION LATER DIES AND IS SURVIVED 
BY A SPOUSE TO WHOM THE MEMBER HAD BEEN MARRIED FOR AT LEAST ONE 
(1) YEAR IMMEDIATELY PRIOR TO RETIREMENT. AN AMOUNT EQUAL TO 35% 
(OR SUCH DIFFERENT AMOUNT AS SET FORTH BELOW) OF THE ALLOWANCE 
SAID MEMBER WAS RECEIVING SHALL BE PAID TO SUCH SURVIVING SPOUSE 
TO CONTINUE AS LONG AS HE OR SHE REMAINS UNMARRIED. IF THERE IS 

•' NO SUCH SPOUSE OR IF THE SPOUSE DIES OR REMARRIES BEFORE THE 

YOUNGEST UNMARRIED CHILD OF SAID DECEASED MEMBER SHALL HAVE 
EITHER ATTAINED THE AGE OF EIGHTEEN (18) YEARS OR. IN THE EVENT 
f SAID CHILD IS A FULL-TIME STUDENT. BEFORE HE SHALL HAVE ATTAINED 

THE AGE OF TWENTY-TWO (22) YEARS. THEN AN AMOUNT EQUAL TO 3 5% (OR 
*" SUCH DIFFERENT AMOUNT AS SET FORTH BELOW) OF THE ALLOWANCE SAID 

MEMBER WAS RECEIVING SHALL BE PAID TO SUCH CHILD OR CHILDREN. 
DIVIDED IN SUCH MANNER AS THE BOARD OF TRUSTEES IN ITS DISCRETION 
SHALL DETERMINE TO CONTINUE FOR THE BENEFIT OF SUCH CHILD OR 
CHILDREN UNTIL THE LAST CHILD MARRIES. DIES OR EITHER ATTAINS THE 
j"'^ AGE OF EIGHTEEN (18) YEARS OR IN THE EVENT HE IS A FULL-TIME 

M**' STUDENT. ATTAINS THE AGE OF TWENTY-TWO (22) YEARS. HOWEVER. FOR 

MEMBERS WHO TERMINATE EMPLOYMENT WITH THE CITY BEFORE JUNE 29. 
1990. THE PRECEDING TWO SENTENCES SHALL BE READ BY SUBSTITUTING 
"33-1/3%" FOR "35%" WHEREVER SUCH AMOUNTS APPEAR THEREIN. 

(d) Allowance on ordinary dioability rGtigGmcnt. ORDINARY 
DISABILITY RETIREMENT BENEFIT FOR ANY CLASS A OR CLASS B MEMBER 
WHO WAS AN EMPLOYEE ON OR AFTER JULY 1. 1987. BUT NOT AFTER JUNE 
28. 1989. ANY CLASS A OR CLASS B MEMBER WHO HAS ACQUIRED FIVE 
(5) OR MORE YEARS OF SERVICE AND WHO HAS BEEN DETERMINED BY A 
HEARING EXAMINER TO BE MENTALLY OR PHYSICALLY INCAPACITATED FOR 
THE FURTHER PERFORMANCE OF THE DUTIES OF HIS JOB CLASSIFICATION 
IN THE EMPLOY OF BALTIMORE CITY. AND THAT SUCH INCAPACITY IS 
LIKELY TO BE PERMANENT. SHALL BE RETIRED BY THE BOARD OF TRUSTEES 
ON AN ORDINARY DISABILITY RETIREMENT. NOT LESS THAN THIRTY (30) 
AND NOT MORE THAN NINETY (90) DAYS NEXT FOLLOWING THE DATE OF 

176 



Ord. No. 275 



FILING HIS APPLICATION FOR ORDINARY DISABILITY RETIREMENT 
BENEFITS. 

Upon retirement for ordinary disability a Class A or Class B 
member shall be entitled to receive the maximum service 
retirement allowance if he has attained the age of sixty (60) ; 
otherwise he shall be entitled to receive the maximum ordinary 
disability retirement allowance fwhich shall consist of ] AC 
FOLLOWS ; 

(1) FOR ANY CLASS A OR CLACC D MEMBER WIIO RETIRES UNDER 
THIS SUBSECTION ON OR BEFORE DECEMBER 31, IQOO THE ORDINARY 
DISABILITY RETIREMENT BENEFITS SHALL CONSIST OF ! 

-[•(1) ] (I) An annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of 
retirement; and 

f (2) ] (II) A pension which, together with his annuity, 
shall provide a total retirement allowance equal to one and seven 
tenths percent (1.70%) of his average final compensation in the 
case of Class A members, and one and fifty-seven hundredths 
percent (1.57%) of his average final compensation in the case of 
Class B members, multiplied by the number of years of his service 
if such retirement allowance exceeds one quarter (1/4) of his 
average final compensation; otherwise a pension which, together 
with his annuity, shall provide a total retirement allowance 
equal to one and seven tenths percent (1.70%) of his average 
final compensation in the case of Class A members, and one and 
fifty-seven hundredths percent 1.57% f 1.57%) of his average final 
compensation in the case of Class B members, multiplied by the 
number of years which would be credited to him were his service . 
to continue until the attainment of age sixty (60) , so far as the 
resulting total retirement allowance shall not exceed one-quarter 
*/^ f 1/4) of his average final compensation. 

The additional annuity provided as the result of voluntary 
excess contributions under Section 8(a)(2) and 8(a)(4) shall be 
payable and shall not be used in determining the ordinary 
disability pension under this subsection. 

•f-(3) ] (III) Optional retirement allowances. Any Class A 
or Class B member who is entitled to receive the maximum ordinary 
disability retirement allowance may elect to receive such maximum 
ordinary disability retirement allowance, or he may elect to 
receive the actuarial equivalent of such maximum ordinary 
disability retirement allowance, computed as of the effective 
date of his retirement, in a lesser amount payable throughout his 
life in accordance with the following provisions: 

Option 1. If he dies before he has received in 
total retirement benefits the present value of his retirement 
allowance as it was at the time of his retirement, the balance 
shall be paid to his legal representatives or to such person as 

177 



Ord. No. 275 

he shall nominate by written designation duly acknowledged and 
filed with the Board of Trustees; or 

Option 2. Upon his death, his retirement allowance 
as it was at the time of his retirement shall continue throughout 
the life of and paid to such person as he shall nominate by 
written designation duly acknowledged and filed with the Board of 
Trustees at the time of his retirement; or 

Option 3. Upon his death, one-half (1/2) of his 
retirement allowance as it was at the time of his retirement 
shall be continued throughout the life of and paid to such person 
as he shall nominate by written designation duly acknowledged and 
filed with the Board of Trustees at the time of his retirement; 
or 

Option 4. Some other periodically paid benefit or 
benefits shall be paid either to the Class A or Class B member or 
to such person or persons as he shall nominate, provided such 
other benefit or benefits shall be certified by the actuary to be 
of equivalent actuarial value to his retirement allowance, and 
subject to approval by the Board of Trustees. 

f (4) ] (IV) Any living retired Class A or Class B member 
shall have the right, within thirty (30) days after the effective 
date of his retirement, and not thereafter, to change his 
election of the maximum ordinary disability retirement allowance 
to any one of the options hereinbefore set forth, or to change 
his election of any one of said options to another one of said 
options, or to change his election from any one of said options 
to the maximum ordinary disability retirement allowance. Any 
living retired Class A or Class B member shall have the right, 
within thirty (30) days after the effective date of his 
retirement, to change his designation of a beneficiary; but 
thereafter no such change may be made in connection with any 
portion hereinbefore set forth which provides for the payment of 
a retirement allowance to, and throughout the life of, the 
I" beneficiary designated. 



<: 



The election of any option or any change in connection 
therewith shall be made on forms provided for that purpose by the 
Retirement Systems Office of the City of Baltimore and filed with 
said office. 

f (5) ] (V) If any living retired Class A or Class B 
member changes the type or kind of retirement allowance elected 
by him, as provided hereinbefore, then any payments which may 
have been made to him prior to such change are to be taken into 
account in arriving at the amount to be paid to him in connection 
with the retirement allowance finally selected. 

f (6) ] (VI) Any Class A or Class B member who retires and 
dies within thirty (30) days after the effective date of his 
retirement, and who has been granted a retirement allowance of 

178 



Ord. No. 275 



maximum benefits for ordinary disability under this subsection, 
or who has elected to receive one of the several optional 
retirement allowances available in lieu thereof, shall be 
considered as a member's dying in active service, and the 
ordinary death benefits provided for in Section 6(h) shall be 
paid in lieu of the benefits provided for, in this subsection. 

f (7) ] (VII) Any ordinary disability retirement allowance 
payments made to any retired Class A or Class B member, who dies 
within thirty (30) days after the effective date of his 
retirement, shall be offset against any amounts payable under the 
provisions of Section 6(h). 

•f-(8) 3 (VIII) Pensions offset by compensation benefits. 
Any amounts which may be paid or payable by the City of 
Baltimore, under the provisions of any workmen's compensation or 
similar law, to a Class A or Class B member or to the dependents 
of a member on account of any disability or death, shall be 
offset against and payable in lieu of any benefits payable out of 
funds provided by the City of Baltimore under the provisions of 
this subtitle on account of the same disability or death. In 
case the present value of the total commuted benefits under said 
workmen's compensation or similar law is less than the pension 
reserve for the benefits otherwise payable from funds provided by 
the City of Baltimore under this subtitle, then the present value 
of the commuted payments of the workmen's compensation benefits 
or similar law shall be deducted from the pension reserve and 
such benefits as may be provided by the pension reserve so 
reduced shall be payable under the provisions of this subtitle. 

-g-(9) ] (IX) The Panel of Hearing Examiners may, at its 
discretion but not more frequently than once in any one year, 
require any retired Class A or Class B member, who is receiving a 
disability retirement allowance and, who has not yet attained age 
sixty (60) , to undergo a medical examination to determine whether 
he has become fit to resume duties in the nature of those he was 
performing prior to his retirement. Such examination shall be 
made in the place of residence of said retiree, or other place 
mutually agreed upon by the retiree and a physician or physicians 
designated by the Panel of Hearing Examiners. The examining 
physician shall report his findings to the Panel of Hearing 
Examiners. If in the opinion of the examining physician, said 
retiree is able to resume said duties, the Medical Services 
Division of the Civil Service Commission or applicable 
departmental physician shall thereafter conduct a re-examination 
of said retiree; and if it concurs in the opinion of the 
examining physicians, it shall certify to the Panel of Hearing 
Examiners that said retiree is fit for the further performance of 
duties in the nature of those he was performing prior to his 
retirement. If the examining physicians' opinions do not concur, 
the Panel of Hearing Examiners shall schedule a hearing to 
determine the fitness of a retiree to perform his former duties. 
The Panel of Hearing Examiners shall thereafter submit its 
determination to the head of the department in which, the retiree 

179 



Ord. No. 275 

was employed prior to his retirement, and in the case of 
classified employees, to the Civil Service Commission. For 
purpose of re-employment, the retiree shall be treated by the 
head of his department and by the Civil Service Commission as if 
he were an employee on leave of absence without pay. Until he is 
actually re-employed he shall continue to receive his ordinary 
disability retirement allowance. 

A disability retiree who has been certified as fit for 
further performance of his duties and is restored to active 
service at a compensation not less than the annual rate of 
compensation. being paid currently to persons in the same grade 
and step as the retiree was at the time of his retirement, plus 
the amount of any longevity payments currently being paid for the 
length of service the retiree had at the time of his retirement, 
shall cease to receive his retirement allowance. He shall again 
become a Class A or Class B member of the Retirement System and 
shall contribute thereafter at the current rate of contribution. 
Any previous service credit on the basis of which his service was 
computed at the time of his retirement shall be restored to full 
force and effect and in addition, upon his subsequent retirement, 
he shall be credited with all his service as a member. 

Should such disability retiree who has been certified 
as fit for the further performance of his duties refuse to accept 
an offer of re-employment by the City involving duties in the 
nature of those he was performing prior to his retirement and at 
• a salary not less than the rate of annual compensation being paid 

"' currently to persons in the same grade and step as the retiree 

was at the time of his retirement, plus the amount of any 
f longevity payments currently being paid for the length of service 

•J, the retiree had at the time of his retirement, all rights in and 

^ to his pension shall be revoked by the Board of Trustees, upon 

JJi recommendation made by the Panel of Hearing Examiners. 



•'•* Should such disability retiree refuse to submit to the 

JjJ' medical examinations herein provided for, his ordinary disability 

j«^ retirement allowance may be discontinued until the withdrawal of 

!•• said refusal, and should his refusal continue for one (1) year, 

"**■ all rights in and to his pension shall be revoked by the Board of 

Trustees upon recommendation made by the Panel of Hearing 

Examiners. 

f (10) ] (X) A Class A or Class B disability retiree may, 
without reduction of his retirement allowance, earn annually an 
amount, hereinafter referred to as "earning", equal to the rate 
of the annual earnable compensation currently being paid to 
persons in the same grade and step as the retiree was at the time 
of his retirement, plus the amount of any longevity, payments 
currently being paid for the length of service the retiree had at 
the time of his retirement, said rate of earnable compensation 
plus longevity payments, if any, hereinafter referred to as "base 
amount." Should such a retiree earn an annual amount which is . 

180 



Ord. No. 275 



greater than his base amount, the pension otherwise payable to 
him shall be reduced in the following manner: 

For the first $5,000 of earnings in excess of the 
base amount, a reduction of $1.00 in pension benefits shall be 
made for each $2.00 earned. For any earnings in excess of $5,000 
over the base amount, a reduction of $2.00 in pension benefits 
shall be made for each $5.00 earned. 

In the calendar year of retirement, the base 
amount shall be prorated on a monthly basis. Benefits which may 
be payable to a beneficiary of a deceased disability retiree 
under the provisions of this subtitle, shall not be reduced by 
reason of any excess earnings said retiree may have had; and the 
base for calculating said beneficiary's benefits shall be the 
total unreduced retirement allowance of the disability retiree, 
notwithstanding the fact that said retiree was receiving a 
reduced retirement allowance in the year of his death. 

The term "earnings" as used in this subsection 
shall mean income derived from wages, salaries, tips, 
commissions, other employee compensation, and self -employment. In 
all cases of doubt the Board of Trustees shall decide what are 
and what are not "earnings" for the purposes of administering the 
provisions of this subsection. 

Such disability retiree who has not been certified 
as fit to perform duties in the nature of those he was performing 
prior to his retirement may, . nevertheless, accept suitable 
employment with the City, subject to the "earnings" provisions 
contained herein; provided, however, that such an employee shall 
not again become a member of any retirement system supported in 
whole or in part by the Mayor and City Council of Baltimore. 

f (11) ] (XI) On or before May 1 of each year 
following his disability retirement, a Class A or Class B 
disability retiree shall submit, on a form issued by the Board of 
Trustees or on its equivalent as approved by the Board of 
Trustees, a signed statement setting forth his total gross 
earnings, if any, in the preceding calendar year and the source 
of said earnings. The execution of said forms by a disability 
retiree shall have the same effect as a statement sworn to by him 
before a notary public. Should any disability retiree fail to 
submit said signed statement, his retirement allowance may 
thereafter be discontinued by the Board of Trustees until he has 
complied; and should he fail to submit said signed and completed 
statement by May 1, of the succeeding year, all rights in and to 
his pension may be revoked by the Board of Trustees. 

[ (12) ] (XII) — In the event that q mcmbGr who wao an 
owployGG after June 30, 1007, fl2) IN THE EVENT THAT A MEMBER WHO 
WAS AN EMPLOYEE ON OR AFTER JULY 1 . 1987. BUT NOT AFTER JUNE 28. 
1989. RETIRES AND elects to receive maximum benefits without 
optional modification later dies and is survived by a spouse to 

181 



Ord. No. 275 

whom the member had been married for at least one (1) year 
immediately prior to retirement, an amount equal to 5% of the 
allowance said member was receiving shall be paid to such 
surviving spouse to continue as long as he or she remains 
unmarried. If there is no such spouse or if the spouse dies or 
remarries before the youngest unmarried child of said deceased 
member shall have either attained the age of eighteen (18) years 
or, in the event said child is a full-time student, before he 
shall have attained the age of twenty- two (22) years, then an 
amount equal to 5% of the allowance said member was receiving 
shall be paid to such child or children, divided in such manner 
as the Board of Trustees in its discretion shall determine to 
continue for the benefit of such child or children until the last 
child marries, dies or either attains the age of eighteen (18) 
years or in the event he is a full-time student, attains the age 
of twenty-two (22) years. 

(2) FOR ANY CIASG A OR CLASC D MEMBER WIIO RETIRE£3 UNDER 
THIS GUBSECTION ON OR AFTER JANUARY 1, lOOQ, THE ORDINARY 
I DISABILITY RETIREMENT BENEFITS GHALL CONSIST OF ! 

Jji (I) A>J A>fNUITY WHICH SHALL BE THE ACTUARIAL 

EQUIVALENT OF HIS ACCUMULATED CONTRIBUTIONS AT THE TIME OF 
;„ RETIREMENT; AJJD 

" (II) A PENSION WHICH, TOGETHER WITH HIS ANNUITY, 

' SHALL PROVIDE A TOTAL RETIREMENT ALLOWA^JCE EQUAL TO ONE AND 

r EIGHTY FIVE ONE HUNDREDTHS PERCENT (1.05%) OF HIS AVERAGE FINAL 

'' COMPENSATION IN THE CASE OF CLASS A MEMBERS, fMD ONE A>fD SEVEN 

HUNDRED A>fD EIGHT ONE THOUGANDTHG PERCENT (1.700%) OF HIG AVERAGE 
I" FINAL COMPENSATION IN THE CASE OF CLASS B MEMBERS, MULTIPLIED BY 

'^: THE NU14BER OF YEARS OF HIS SERVICE IF SUCH RETIREMENT ALLOWMfCE 

C. EXCEEDS ONE QUARTER (1/ 4 ) OF HIS AVERAGE FINAL COMPENSATION; 

-;;; OTHERWISE A PENSION WHICH, TOGETHER WITH HIS ANNUITY, SHALL 

'"»• PROVIDE A TOTAL RETIREMENT ALLOWAlfCE EQUAL TO ONE AND EIGHTY FIVE 

;S'' ' ONE HUNDREDTHS PERCENT (1.05%) OF HIS AVERAGE FINAL COMPENSATION 

;•'•'; IN THE CASE OF CLASS A MEMBERS, hUD ONE A>fD SEVEN HU>JDRED AND 

jl^ EIGHT ONE THOUSANDTHS PERCENT (1.700%) OF HIS AVERAGE FINAL 

■ COMPENSATION IN THE CASE OF CLASS B MEMBERS, MULTIPLIED BY THE 

NUMBER OF YEARS WHICH WOULD BE CREDITED TO HIM WERE HIS SERVICE 
TO CONTINUE UNTIL THE ATTAIW!ENT OF AGE SIXTY (GO), SO FAR AS THE 
RESULTING TOTAL RETIREMENT ALLOWANCE SHALL NOT EXCEED ONE QUARTER 
(1/ 4 ) OF HIS AVERAGE FINAL COMPENSATION. 

THE ADDITIONAL ANNUITY PROVIDED AS THE RESULT OF 
VOLU>JTARY EXCESS CONTRIBUTIONS UNDER SECTION 0(A)(2) AND 0(A)( 4 ) 
SHALL BE PAYABLE hUD SHALL NOT BE USED IN DETER>tINING THE 
ORDINARY DISABILITY PENSION U>JDER THIS SUBSECTION. 

(Ill) OPTIONAL RETIREMENT ALLOV - ^ANCES . ANY CLASS A 

OR CLASS B MEMBER WIO IS ENTITLED TO RECEIVE THE MAXIMUM ORDINARY 
DISABILITY RETIREMENT ALLOWA?fCE MAY ELECT TO RECEIVE SUCH MAXIMUM 
ORDINARY DISABILITY RETIREMENT ALLOWA>JCE, OR HE MAY ELECT TO 
RECEIVE THE ACTUARIAL EQUIVALENT OF SUCH MAXIMUM ORDINARY 

182 



<l: 



Ord. No. 275 



DISABILITY RETIRCMEHT ALLOWANCE, COMTUTED AG OF THE CrrECTIVE 
DATE OF HIS RETIREI4ENT, IN A LECCER AMOU>fT PAYABLE THROUGHOUT HID 
LIFE IN ACCORDA>JCE WITH THE FOLLOWING PROVIGIONS i 

OPTION 1. IF HE DIES BEFORE HE HAS RECEIVED 

IN TOTAL RETIREMENT BENEFITS THE PRESENT VALUE OF HIS RETIREMENT 
ALLOWANCE AS IT WAS AT THE TIME OF HIS RETIREMENT, THE BALANCE 
SHALL BE PAID TO HIS LEGAL REPRESENTATIVES OR TO SUCH PERSON AS 
HE SHALL NOMINATE BY WRITTEN DESIGNATION DULY ACKNOWLEDGED A>fD 
FILED WITH THE BOARD OF TRUSTEES; OR 

OPTION 2. UPON HIS DEATH, HIS RETIREMENT 
ALLOWA)JCE AS IT WAS AT THE TIME OF HIS RETIREMENT SHALL CONTINUE 
THROUGHOUT THE LIFE OF A>^D PAID TO SUCH PERSON AS HE SHALL 
NOMINATE BY WRITTEN DESIGNATION DULY ACKNOWLEDGED MiD FILED WITH 
THE BOARD OF TRUSTEES AT THE TIME OF HIS RETIREMENT; OR 

OPTION 3. UPON HIS DEATH, ONE - HALF (1/2) OF 
HIS RETIREMENT ALLOWANCE AS IT WAS AT THE TIME OF HIS RETIRE?<ENT 
SHALL BE CONTINUED THROUGHOUT THE LIFE OF hND PAID TO iDUCH PERSON 
AS HE SHALL NOMINATE BY WRITTEN DESIGNATION DULY ACKNOWLEDGED AND 
FILED WITH THE BOARD OF TRUSTEES AT THE TIME OF HIS RETIRE>1ENT; 
BR 

OPTION 4 . SOME OTHER PERIODICALLY PAID 
BENEFIT OR BENEFITS SHALL BE PAID EITHER TO THE CLASS A OR CLASS 
B MEMBER OR TO SUCH PERSON -OR PERSONS AS HE SHALL NOMINATE, 
PROVIDED SUCH OTHER BENEFIT OR BENEFITS SHALL BE CERTIFIED BY THE 
ACTUARY TO BE OF EQUIVALENT ACTUARIAL VALUE TO HIS RETIREMENT 
ALLOWANCE, hUD SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES. 

(IV) A>JY LIVING RETIRED CLASS A OR CLASS B MEMBER 
SilALL HAVE THE RIGHT, WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE 
DATE OF HIS RETIREMENT, MID NOT THEREAFTER, TO CHANGE HIS 
ELECTION OF THE MAXIMUM ORDINARY DISABILITY RETIREMENT ALLOWANCE 
TO ANY ONE OF THE OPTIONS HEREINBEFORE SET FORTH, OR TO CHANGE 
HIS ELECTION OF ANY ONE OF SAID OPTIONS TO A>JOTHER ONE OF SAID 
OPTIONS, OR TO CHAJiGE HIS ELECTION FROM A>?Y ONE OF SAID OPTIONS 

TO THE MAXIftUM ORDINARY DISABILITY RETIREMENT ALLOWANCE. ANY 

LIVING RETIRED CLASS A OR CLASS B MEMBER SHALL HAVE THE RIGHT, 
WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF HIS 
RETIREMENT, TO CHA>JGE HIS DESIGNATION OF A BENEFICIARY; BUT 
THEREAFTER NO SUCH CIIA}fGE MAY BE MADE IN CONNECTION WITH ANY 
PORTION HEREINBEFORE SET FORTH WHICH PROVIDES FOR THE PAYMENT OF 
A RETIREMENT ALLOWA>iCE TO, A>fD THROUGHOUT THE LIFE OF, THE 
BENEFICIARY DESIGNATED. 

THE ELECTION OF ANY OPTION OR ANY CHANGE IN 
CONNECTION THEREWITH SHALL BE MADE ON FORMS PROVIDED FOR THAT 
PURPOSE BY THE RETIREMENT SYSTEMS OFFICE OF THE CITY OF BALTIMORE 
A>fD FILED WITH SAID OFFICE. 

(V) IF ANY LIVING RETIRED CLASS A OR CLASS B 
MEMBER CHANGES THE TYPE OR KIND OF RETIREMENT ALLOWANCE ELECTED 

183 



Ord. No. 275 



BY IIIM> AC PROVIDED HEREINBEFORE, THEN A>?Y PAYMENTC WHICH MAY 
HAVE BEEN MADE TO HIM PRIOR TO GUCH CHANGE ARE TO BE TAKEN INTO 
ACCOUNT IN ARRIVING AT THE AMOUNT TO BE PAID TO HIM IN CONNECTION 
WITH THE RETIREMENT ALLOWA^fCE FINALLY CELECTED. 

(VI) ANY CLASS A OR CLASC B MEMBER WHO RETIRES AND 
DIES WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF HIS 
RETIREMENT, hUD WHO HAS BEEN GRA>fTED A RETIREMENT ALLOWA>JCE OF 
MAXIMUM BENEFITS FOR ORDINARY DISABILITY U>^DER THIS SUBSECTION, 

OR WHO HAS elected to receive one of the several optional 

RETIREMENT ALLOWANCES AVAILABLE IN LIEU THEREOF, SHALL BE 
CONSIDERED AS A MEMBER'S DYING IN ACTIVE SERVICE, A)fD THE 
ORDINARY DEATH BENEFITS PROVIDED FOR IN SECTION G(H) SHALL BE 
PAID IN LIEU OF THE BENEFITS PROVIDED FOR IN THIS SUBSECTION. 

(VII) ANY ORDINARY DISABILITY RETIREMENT ALLOWANCE 
PAYMENTS MADE TO ANY RETIRED CLASS A OR CLASS B MEMBER, WHO DIES 
WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF HIS 
RETIREMENT, SHALL BE OFFSET AGAINST ANY AMOU>?TS PAYABLE U>fDER THE 
PROVISIONS OF SECTION G(H). 



,,, (VIII) PENSIONS OFFSET BY COMPENSATION BENEFITS. 

''• ANY AMOmJTS WHICH MAY BE PAID OR PAYABLE BY THE CITY OF 

BALTIMORE, UNDER THE PROVISIONS OF ANY WORiq^EN ' S COMPENSATION OR 
SIMILAR LAW, TO A CLASS A OR CLASS B MEMBER OR TO THE DEPENDENTS 
OF A MEMBER ON ACCOU>JT OF A>fY DISABILITY OR DEATH, SHALL BE 
OFFSET AGAINST AND PAYABLE IN LIEU OF ANY BENEFITS PAYABLE OUT OF 
i: FUNDS PROVIDED BY THE CITY OF BALTIMORE U>JDER THE PROVISIONS OF 

,.- THIS SUBTITLE ON ACCOU>fT OF THE SAME DISABILITY OR DEATH. IN 

CASE THE PRESENT VALUE OF THE TOTAL COMMUTED BENEFITS U?iDER SAID 
m WORKMEN ' S COMPENSATION OR SIMILAR LAW IS LESS THAN THE PENSION 

l^ RESERVE FOR THE BENEFITS OTHERWISE PAYABLE FROM FUNDS PROVIDED BY 

f THE CITY OF BALTIMORE UNDER THIS SUBTITLE, THEN THE PRESENT VALUE 

m'-'' OF THE COMMUTED PAYMENTS OF THE WORKMEN'S COMPENSATION BENEFITS 

C:; OR SIMILAR LAW SHALL BE DEDUCTED FROM THE PENSION RESERVE A>fD 

*-; SUCH BENEFITS AS MAY BE PROVIDED BY THE PENSION RESERVE SO 

Z'' REDUCED SHALL BE PAYABLE U>fDER THE PROVISIONS OF THIS SUBTITLE. 



(IX) THE PANEL OF HEARING EXAMINERS HAY, AT ITS 
Z*> DISCRETION BUT NOT MORE FREQUENTLY THA>J ONCE IN ANY ONE YEAR, 

REQUIRE ANY RETIRED CLASS A OR CLASS B MEMBER, WHO IS RECEIVING A 
DISABILITY RETIREMENT ALLOWANCE AND, WHO HAS NOT YET ATTAINED AGE 
SIXTY (60) , TO UNDERGO A MEDICAL EXAMINATION TO DETERMINE WHETHER 
HE HAS BECOME FIT TO RESUME DUTIES IN THE NATURE OF THOSE HE WAS 
PERFORMING PRIOR TO HIS RETIREMENT. SUCH EXAMINATION SHALL BE 
MADE IN THE PLACE OF RESIDENCE OF SAID RETIREE, OR OTHER PLACE 
. MUTUALLY AGREED UPON BY THE RETIREE MfD A PHYSICIAN OR PHYSICIA>fC 
DESIGNATED BY THE PANEL OF HEARING EXA^ilNERS. THE EXAMINING 
PHYSICIA?? shall" report HIS FINDINGS TO THE PA>JEL OF HEARING 

EXAMINERS. IF IN THE OPINION OF THE EXAMINING PHYSICIAN, SAID 

RETIREE IS ABLE TO RESUME SAID DUTIES, THE MEDICAL SERVICES 
DIVISION OF THE CIVIL SERVICE COMMISSION OR APPLICABLE 
DEPARTMENTAL PHYSICIAN SHALL THEREAFTER CONDUCT A RE EXAMINATION 
OF SAID RETIREE; AND IF IT CONCURS TN THE OPINION OF THE 

184 



Ord. No. 275 

EXAMINING riIYCICIA?fC, IT CIIALL CERTIFY TO THE rA>TEL OF HEARING 
EXAMINERS THAT SAID RETIREE IC FIT FOR THE FURTHER PERFORMANCE OF 
DUTIES IN THE NATURE OF THOCE HE WAC PERFORMING PRIOR TO HID 
RETIREMENT. IF THE EXAMINING PHYSICIANS' OPINIONS DO NOT CONCUR, 
THE PA>fEL OF HEARING EXAMINERS SHALL SCHEDULE A HEARING TO 
DETERMINE THE FITNESS OF A RETIREE TO PERFORM HIS FORMER DUTIES. 
THE PA}JEL OF HEARING EXAMINERS SHALL THEREAFTER SUBMIT ITS 
DETERMINATION TO THE HEAD OF THE DEPARTMENT IN WHICH THE RETIREE 
WAS EMPLOYED PRIOR TO HIS RETIREMENT, A>?D IN THE CASE OF 
CLASSIFIED EMPLOYEES, TO THE CIVIL SERVICE COMMISSION. FOR 
PURPOSE OF RE ' EMPLOYMENT, THE RETIREE SHALL BE TREATED BY THE 
HEAD OF HIS DEPARTMENT MW BY THE CIVIL SERVICE COM>tISSION AS IF 
HE WERE A}f EMPLOYEE ON LEAVE OF ABSENCE WITHOUT PAY. UNTIL HE IS 
ACTUALLY RE EMPLOYED HE SHALL CONTINUE TO RECEIVE HIS ORDINARY 
DISABILITY RETIROIENT ALLOWA>JCE. 

A DISABILITY RETIREE WHO HAS BEEN CERTIFIED AS FIT 
FOR FURTHER PERFORMA>JCE OF HIS DUTIES AND IS RESTORED TO ACTIVE T' 

SERVICE AT A COMPENSATION NOT LESS TIIA>J THE ANNUAL RATE OF ( 

COMPENSATION BEING PAID CURRENTLY TO PERSONS IN THE SAME GRADE f 

AND STEP AS THE RETIREE WAS AT THE TIME OF HIS RETIREMENT, PLUS 

THE AMOUNT OF ANY LONGEVITY PAYMENTS CURRENTLY BEING PAID FOR THE 1. 

LENGTH OF SERVICE THE RETIREE HAD AT THE TIME OF HIS RETIREMENT, 
SHALL CEASE TO RECEIVE HIS RETIREMENT ALLOWANCE. HE SHALL AGAIN 
BECOME A CLASS A OR CLASS B MEMBER OF THE RETIREMENT SYSTEM AND 
SHALL CONTRIBUTE THEREAFTER AT THE CURRENT RATE OF CONTRIBUTION. 
ANY PREVIOUS SERVICE CREDIT ON THE BASIS OF WHICH HIS SERVICE WAS 
COMPUTED AT THE TIME OF HIS RETIREMENT SHALL BE RESTORED TO FULL 
FORCE AND EFFECT MiD IN ADDITION, UPON HIS SUBSEQUENT RETIREMENT, 
HE SHALL BE CREDITED WITH ALL HIS SERVICE AS A MDfBER. 

SHOULD SUCH DISABILITY RETIREE WlIO HAS BEEN 
CERTIFIED AS FIT FOR THE FURTHER PERFORMANCE OF HIS DUTIES REFUSE "^' 

TO ACCEPT AN OFFER OF RE ■ EMPLOYMENT BY THE CITY INVOLVING DUTIES 
IN THE NATURE OF THOSE HE WAS PERFORMING PRIOR TO HIS RETIREMENT 
AND AT A SALARY NOT LESS THAN THE RATE OF ANNUAL COMPENSATION 
BEING PAID CURRENTLY TO PERSONS IN THE SAME GRADE AND STEP AS THE 
RETIREE WAS AT THE TIME OF HIS RETIREMENT, PLUS THE AMOUNT OF ANY 
LONGE\^ITY PAYMENTS CURRENTLY BEING PAID FOR THE LENGTH OF SERVICE 
THE RETIREE HAD AT THE TIME OF HIS RETIREMENT, ALL RIGHTS IN AND 
TO HIS PENSION SHALL BE REVOKED BY THE BOARD OF TRUSTEES, UPON 
RECOFOfENDATION MADE BY THE PA>JEL OF HEARING EXAMINERS. 

SHOULD SUCH DISABILITY RETIREE REFUSE TO SUBMIT TO 
THE MEDICAL EXAJ!INATIONS HEREIN PROVIDED FOR, HIS ORDINARY 
DISABILITY RETIREMENT ALLOWANCE MAY BE DISCONTINUED Ul^TIL THE 
WITHDRAV^AL OF SAID REFUSAL, A>JD SHOULD HIS REFUSAL CONTINUE FOR 
ONE (1) YEAR, ALL RIGHTS IN AND TO HIS PENSION SHALL BE REVOKED 
BY THE BOARD OF TRUSTEES UPON RECOMMENDATION MADE BY THE PANEL OF 
HEARING EXAMINERS. 

(X) A CLASS A OR CLASS B DISABILITY RETIREE MAY, 
WITHOUT REDUCTION OF HIS RETIREMENT ALLOWANCE, EARN ANNUALLY AN 
AMOUNT, HEREINAFTER REFERRED TO AS "EAmJING", EQUAL TO THE RATE 

185 



■n 



Ord. No. 275 

OF THE A>JNUAL EARMADLE COMTENCATION CUimENTLY DEIWG PAID TO 
rERCONG IH THE CAME GRADE A>JD STEP AC THE RETIREE WAG AT THE TIME 
OF HIG RETIREMENT, PLUG THE AMOUNT OF ANY LOHGE\^ITY PAYMEWTG 
CURRENTLY BEING PAID FOR THE LENGTH OF CERVICE THE RETIREE HAD AT 
THE TIME OF HIG RETIREMENT, CAID RATE OF EAR>JADLE COMPENGATION 
PLUG LONGEVITY PAYMENTG, IF ANY, HEREINAFTER REFERRED TO AG "DACE 
AMOU>JT." GHOULD CUCH A RETIREE EAR>f Mi A>JNUAL AMOU>JT WHICH IS 
GREATER THA>f HIS DACE AMOUNT, THE PENGION OTHERWIGE PAYABLE TO 
HIM GIIALL BE REDUCED IN THE FOLLOWING MANNER ? 

FOR THE FIRGT $5,000 OF EARNINGG IN EXCESC OF THE 
DACE AMOUIJT, A REDUCTION OF $1.00 IN PENGION DENEFITG GIIALL BE 

MADE FOR EACH $2.00 EAR>fED. FOR ANY EARNINGG IN EXCEGC OF $5,000 

OVER THE BAGE AMOUtJT, A REDUCTION OF $2.00 IN PENGION BENEFITC 
GIIALL BE MADE FOR EACH $5.00 EARNED. 

IN THE CALENDAR YEAR OF RETIREMENT, THE BAGE 

AMOU>fT GIIALL BE PRORATED ON A MONTHLY BAGIG. BENEFITG WHICH MAY 

BE PAYABLE TO A BENEFICIARY OF A DECEAGED DIGABILITY RETIREE 
miDER THE PROVIGIONG OF THIG CUBTITLE, GIIALL NOT BE REDUCED BY 
REAGON OF ANY EXCEGC EAR}?INGG CAID RETIREE MAY HAVE HAD; AND THE 
BAGE FOR CALCULATING CAID BENEFICIARY ' G BENEFITG GHALL BE THE 
TOTAL U>mEDUCED RETIREMENT ALLOWA>JCE OF THE DIGABILITY RETIREE, 
NOTWITHGTANDING THE FACT THAT CAID RETIREE WAG RECEIVING A 
REDUCED RETIREMENT ALLOWANCE IN THE YEAR OF HIG DEATH. 

THE TERM "EARNINGG" AG UGED IN THIG GUBGECTION 
SHALL MEAN INCOME DERIVED FROM WAGED, GALARIEG, TIPG, 
COMMIGGIONG, OTHER EMPLOYEE COMPENGATION, AND GELF EMPLOYMENT. IN 
ALL CAGEC OF DOUBT THE BOARD OF TRUCTEEG GIIALL DECIDE WHAT ARE 
AND WHAT ARE NOT "EARNINGG" FOR THE PURPOCEG OF ADMINIGTERING THE 
J'; PROVIGIONG OF THIG GUBGECTION. 



r 



,C. GUCH DIGABILITY RETIREE WHO HAG NOT BEEN CERTIFIED 

;<; AC FIT TO PERFORM DUTIEC IN THE NATURE OF THOGE HE WAG PERFORMING 

, ! J' ' PRIOR TO HIG RETIREMENT MAY, NBVERTHELEOG, ACCEPT CUITABLE 

'-:: EMPLOYMENT WITH THE CITY, CUBJECT TO THE "EARNINGG" PROVIGIONG 

r* CONTAINED HEREIN; PROVIDED, HOWEVER, THAT GUCH AN OIPLOYEE GIIALL 

(Z"' NOT AGAIN BECOME A MEMBER OF A>JY RETIREMENT GYGTEM GUPPORTED IN 
WHOLE OR IN PART BY THE MAYOR AND CITY COUtJCIL OF BALTIMORE. 

(XI) ON OR BEFORE MAY 1 OF EACH YEAR FOLLOWING HIS 
DISABILITY RETIREMENT, A CLASS A OR CLAGG B DIGABILITY RETIREE 
SHALL SUBMIT, ON A FORM IGGUED BY THE BOARD OF TRUCTEEG OR ON ITS 
EQUIVALENT AG APPROVED BY THE BOARD OF TRUCTEEG, A GIGNED 
CTATEMENT GETTING FORTH HIG TOTAL GROGG EAR>JINGG, IF ANY, IN THE 

PRECEDING CALENDAR YEAR A>?D THE COURCE OF GAID EAR>iINGC. THE 

EXECUTION or CAID FORMG BY A DIGABILITY RETIREE GIIALL HAVE THE 
SAME EFFECT AS A STATEMENT SWORN TO BY HIM BEFORE A NOTARY 

PUBLIC. SHOULD A>?Y DISABILITY RETIREE FAIL TO SUBMIT GAID GIGNED 

STATEMENT, HIS RETIREMENT ALLOWANCE MAY THEREAFTER BE 
DISCONTINUED BY THE BOARD OF TRUSTEES U>?TIL HE HAG COMPLIED; AtfD 
SHOULD HE FAIL TO SUBMIT SAID SIGNED MID COMPLETED STATEMENT BY 

186 



Ord. No. 275 

MAY 1, OF TIIE CUCCEEDIHG YEAR, ALL RIGHTS IH MiD TO IIIG rE>fCIOH 
MAY BE REVOKED BY THE BOARD OF TRUGTEEC. 

(XII) IN THE EVENT THAT A MEMBER WHO WAG AM 
EMPLOYEE AFTER DECEMBER 31, IQOO, ELECTG TO RECEIVE MAXIMUM 
BENEFITS WITHOUT OPTIONAL MODIFICATION LATER DIEC A}<D IS SURVIVED 
BY A SPOUSE TO WHOM THE MEMBER HAD BEEN MARRIED FOR AT LEAGT ONE 
(1) YEAR IMMEDIATELY PRIOR TO RETIREMENT, A>J AMOUtfT EQUAL TO 3 5% 
OF THE ALLOWA>JCE SAID MEMBER WAS RECEIVING SHALL BE PAID TO GUCH 
GURVIVING SPOUSE TO CONTINUE AS LONG AS HE OR SHE REMAINS 

UNMARRIED. IF THERE IS NO SUCH SPOUSE OR IF THE SPOUSE DIES OR 

REMARRIES BEFORE THE YOU}JGEST U>fMARRIED CHILD OF SAID DECEASED 

MEMBER SHALL HAVE EITHER ATTAINED THE AGE OF EIGHTEEN (10) YEARS 

OR, IN THE EVENT SAID CHILD IS A FULL - TIME STUDENT, BEFORE HE 

SHALL HAVE ATTAINED THE AGE OF TWENTY TWO (22) YEARS, THEN A>J 

AMOUNT EQUAL TO 3 5% OF THE ALLOWA>?CE SAID MEMBER WAS RECEIVING 

SHALL BE PAID TO SUCH CHILD OR CHILDREN, DIVIDED IN SUCH MARINER 

AS THE BOARD OF TRUSTEES IN ITS DISCRETION SHALL DETERMINE TO 

CONTINUE FOR THE BENEFIT OF SUCH CHILD OR CHILDREN U>fTIL THE LAST 

CHILD MARRIES, DIES OR EITHER ATTAINS THE AGE OF EIGHTEEN (10) r ' 

YEARS OR IN THE EVENT HE IS A FULL TIME STUDENT, ATTAINS THE AGE 

OF TWENTY TWO (22) YEARS. 1. 

(f) Allowance on accidental disability retirement. Upon 
retirement for accidental disability a Class A or Class B member 
shall be entitled to receive the maximum accidental disability 
retirement allowance which shall consist of: 

(12)-(^ In the event that a member who was an employee 
after June 30, 1007, ON OR AFTER JULY 1. 1987. BUT NOT AFTER JUNE 
28. 1989. RETIRES AND elects to receive maximum benefits without «-«* 

optional modification later dies and is survived by a spouse to „ .^ 

whom the member had been married for at least one (1) year "^ 

immediately prior to retirement, an amount equal to 5% of the Z,-; 

allowance said member was receiving shall be paid to such "'^ 

surviving spouse to continue as long as he or she remains ^^^ 

unmarried. If there is no such spouse or if the spouse dies or -C? 

remarries before the youngest unmarried child of said deceased 
member shall have either attained the age of eighteen (18) years 
or, in the event said child is a full-time student, before he /•^ 

shall have attained the age of twenty-two (22) years, then an 
amount equal to 5% of the allowance said member was receiving 
shall be paid to such child or children, divided in such manner 
as the Board of Trustees in its discretion shall determine to 
continue for the benefit of such child or children until the last 
child marries, dies or either attains the age of eighteen (18) 
years or in the event he is a full-time student, attains the age 
of twenty-two (22) years. 

iO^ (13) IN THE EVENT THAT A MEMBER WHO WAS AN 
EMPLOYEE ON OR AFTER DECEMBER 31, 1000 JUNE 29. 1989 . RETIRES AND 
ELECTS TO RECEIVE MAXIMUM BENEFITS WITHOUT OPTIONAL MODIFICATION 
LATER DIES AND IS SURVIVED BY A SPOUSE TO WHOM THE MEMBER HAD 
BEEN MARRIED FOR AT LEAST ONE (1) YEAR IMMEDIATELY PRIOR TO 

187 



^' 



Ord. No. 275 

RETIREMENT, AN AMOUNT EQUAL TO 35% fOR SUCH DIFFERENT AMOUNT AS 
SET FORTH BELOW) OF THE ALLOWANCE SAID MEMBER WAS RECEIVING SHALL 
BE PAID TO SUCH SURVIVING SPOUSE TO CONTINUE AS LONG AS HE OR SHE 
REMAINS UNMARRIED. IF THERE IS NO SUCH SPOUSE OF IF THE SPOUSE 
DIES OR REMARRIES BEFORE THE YOUNGEST UNMARRIED CHILD OF SAID 
DECEASED MEMBER SHALL HAVE EITHER ATTAINED THE AGE OF EIGHTEEN 
(18) YEARS OR, IN THE EVENT SAID CHILD IS A FULL-TIME STUDENT, 
BEFORE HE SHALL HAVE ATTAINED THE AGE OF TWENTY-TWO (22) YEARS, 
THEN AN AMOUNT EQUAL TO 3 5% (OR SUCH DIFFERENT AMOUNT AS SET 
FORTH BELOW) OF THE ALLOWANCE SAID MEMBER WAS RECEIVING SHALL BE 
PAID TO SUCH CHILD OR CHILDREN, DIVIDED IN SUCH MANNER AS THE 
BOARD OF TRUSTEES IN ITS DISCRETION SHALL DETERMINE TO CONTINUE 
FOR THE BENEFIT OF SUCH CHILD OR CHILDREN UNTIL THE LAST CHILD 
MARRIES, DIES OR EITHER ATTAINS THE AGE OF EIGHTEEN (18) YEARS OR 
IN THE EVENT HE IS A FULL-TIME STUDENT, ATTAINS THE AGE OF 
TWENTY-TWO (22) YEARS. HOWEVER. FOR MEMBERS WHO TERMINATE 
I EMPLOYMENT WITH THE CITY BEFORE JUNE 29. 1990. THE PRECEDING TWO 

Ij SENTENCES SHALL BE READ BY SUBSTITUTING "33-1/3%" FOR "35%" 

f: WHEREVER SUCH AMOUNTS APPEAR THEREIN. 

'; 6. Benefits. 

I' 

(h) Ordinary Death Benefit. 

(3) Provided, however, that if the Class A or Class B 
Member were eligible for a service retirement allowance at the 
time of his death, or if the member would have become eligible 

' for a service retirement allowance within ninety (90) days after 

the date of his death, and if the person designated by the member 
as his beneficiary under this subsection is (i) his surviving 
J„ parent or (ii) his surviving spouse with whom he had been living 

IT' for at least five (5) years immediately prior to the time of his 

J;, death, such beneficiary may elect to receive in lieu of (1) and 

jj^l (2) above, an allowance egual to that which would have been paid 

^-' I to such beneficiary under Option 2 of SECTIONS 6(A)(5) OR 6(b)(6) 

J,'! ; hereof, had the member elected Option 2 in favor of such 

•-'; beneficiary and retired as of the date of his death. To receive 

this death benefit retirement allowance, in lieu of (1) and (2) 
1^,1 , of this subsection, the designated parent or spouse must make 

written application therefor not later than sixty (60) days after 
the death of the member on forms provided by the retirement 
systems office. 

(4) Any Class A or Class B member who retires and dies 
within thirty (30) davs after the effective date of his 
retirement, and who has been granted a retirement allowance of 
maximum benefits either for service or ordinary disability, or 
who has elected to receive one of the several optional retirement 
allowances available in lieu thereof, shall be considered as a 
member's dying in active service, and the ordinary death benefits 
provided for herein shall be paid in lieu of the benefits 
provided for in Sections 6(A). 6(b). 6(C). or 6(d). 



188 



Ord. No. 275 

7. Management of funds. 
(h) Interest. 

• * » • * 

THE BOARD OF TRUSTEES SHALL APPLY THE $19.633.535 
RESTRICTED PORTION OF THE INTEREST SURPLUS. AS NOTED IN CITY 
COUNCIL RESOLUTION NO. 9 OF 1988. TOWARDS THE COST TO THE CITY OF 
BALTIMORE WHICH RESULTS FROM THE IMPLEMENTATION OF ORDINANCE 
NO. OF 1989 (CITY COUNCIL BILL NO. 367 OF 1988). 

9. Class C membership. 

(a) Class C membership. Beginning on July 1, 1979, there 
shall be a new class of members in the Retirement System to be 
known as Class C Members, and to be defined as follows: 

(2) Subject to the provisions contained in subsection 
(5) , any Class a A or Class B Member, including any Class A or 
Class B Member who is entitled to any benefits under the 
provisions of Sections 6 (b) [ (12) ] (1) (XII) , G(D) (2) (XII) , 
6(D) (1) (XIII) , and C (b) [ (13) ] (2) (XIII) 6fA) (11) . 6fA) (12) . 
6(B) (12). and 6(B) (13) of this subtitle, who is interested in 
becoming a Class C Member must file a Notice of Intent with the 
Board of Trustees of the Retirement System on or before [June 30, 
1988] JUNE 30, i^9^ 1991. Such Notice of Intent shall state that 
the Member is considering becoming a Class C Member to be 
effective and irrevocable after the expiration of ninety (90) 
days beginning with the date that such Notice is filed; and if he 
does become a Class C Member, whether his accumulated .^^ 

contributions, with or without excess voluntary contributions ^^ 

provided for in Section 8(a)(4), with interest are to be refunded 
to him or are to remain in the Retirement System. ;;!.. 

Notwithstanding anything to the contrary, a Member's Notice shall -■^' 

not become effective nor create any Class C rights in such Member P^ 

until the expiration of ninety (90) days after it is filed with 3^ 

the Board of Trustees. During such ninety (90) day period, the — *\ 

Member may modify or revoke such Notice of Intent in full or in 1*1 . 

part in such written form as may be approved by the Board of /^ 

Trustees. Upon the expiration of such ninety (90) days following 
the filing of such Notice of Intent, if not sooner revoked, a 
Member's Notice of Intent, including his election as to the 
disposition of his accumulated contributions with interest, shall 
become irrevocable, and he shall become a Class C Member of the 
Retirement System at that time. 

(e) Service Retirement Benefits. Any Class C Member in 
Service may retire upon his written application to the Board of 
Trustees setting forth at what time, not less than thirty (30) 
days nor more than ninety (90) days subsequent to the execution 
and filing thereof, he desires to be retired, provided that the 
said Member at the time so specified for his retirement shall 

189 



Ord. No. 275 

have complied with the applicable provisions of the retirement 
benefit applied for. 

fl) NORMAL RETIREMENT FOR ANY CLASS C MEMBER WHO WAS AN 
EMPLOYEE ON OR AFTER JUNE 29. 1989. ANY CLASS C MEMBER. WHO HAS 
ACQUIRED AT LEAST FIVE f5) YEARS OF SERVICE AT THE NORMAL 
RETIREMENT DATE OF AGE SIXTY-FIVE f65) . SHALL HAVE A 
NONFORFEITABLE RIGHT TO RECEIVE A MAXIMUM PENSION COMMENCING AT 
THE NORMAL RETIREMENT DATE. AGE SIXTY-FIVE f65) . OR AN OPTIONAL 
PENSION WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE MAXIMUM 
PENSION AS PROVIDED IN SECTION 9 (M) , IN ADDITION. ANY CLASS C 
MEMBER WHO HAS NOT ATTAINED THE NORMAL RETIREMENT DATE OF AGE 
SIXTY-FIVE (65). BUT WHO HAS ACQUIRED THIRTY (30) YEARS OF 
SERVICE AND HAS ATTAINED THE AGE OF AT LEAST SIXTY-TWO (62) . 
SHALL BE ENTITLED TO RECEIVE A MAXIMUM PENSION CALCULATED AS IF 
THE MEMBER HAD ATTAINED HIS NORMAL RETIREMENT DATE. AGE SIXTY- 
FIVE (65) . THE MAXIMUM PENSION SHALL BE EQUAL TO ONE AND EIGHTY- 
FIVE HUNDREDTHS OF ONE PERCENT (1.8 5%) OF THE MEMBER'S AVERAGE 
I FINAL COMPENSATION MULTIPLIED BY HIS YEARS OF SERVICE (AND 

! FRACTIONS THEREOF) REDUCED BY ONE AND THIRTY-THREE HUNDREDTHS OF 

■^ ONE PERCENT (1.33%) OF THE MEMBER'S PRIMARY SOCIAL SECURITY 

i' BENEFIT MULTIPLIED BY HIS YEARS OF SERVICE (AND FRACTIONS 

THEREOF) NOT TO EXCEED THIRTY (30) . HOWEVER. FOR MEMBERS WHO 
TERMINATE EMPLOYMENT WITH THE CITY BEFORE JUNE 29. 1990. THE 
PRECEDING SENTENCE SHALL BE READ BY SUBSTITUTING "ONE AND EIGHTY- 
;: . FOUR HUNDREDTHS OF ONE PERCENT (1.84%)" FOR "ONE AND EIGHTY-FIVE 

I HUNDREDTHS OF ONE PERCENT (1.85%)". AND BY SUBSTITUTING "ONE AND 

;; THIRTY-SEVEN HUNDREDTHS OF ONE PERCENT (1.37%)" FOR ONE AND 

THIRTY-THREE HUNDREDTHS OF ONE PERCENT (1.33%)". 



I. FOR PURPOSES OF DETERMINING THE AMOUNT OF THE PRIMARY 

f' SOCIAL SECURITY BENEFIT REDUCTION IN THE PRECEDING PARAGRAPH (AND 

i: BY ANY OTHER PROVISION OF THIS ARTICLE WHICH REFERENCES SECTION 

^^: 9(E). OTHER THAN SECTION 9(1)). ANY YEARS OF SERVICE AND 

FRACTIONS THEREOF DURING WHICH A MEMBER DID NOT HAVE OLD-AGE. 
SURVIVORS AND DISABILITY INSURANCE TAXES (AS DESCRIBED IN SECTION 
3111(A) OF THE INTERNAL REVENUE CODE OF 1986. AS AMENDED) PAID ON 
I""' HIS BEHALF BY THE CITY BY VIRTUE OF HIS EMPLOYMENT BY THE FIRE 

il^ii DEPARTMENT TO PERFORM DUTIES AS OR SUBSTANTIALLY SIMILAR TO A 

PARAMEDIC (INCLUDING A CARDIAC RESCUE TECHNICIAN) OR PARAMEDIC 
ASSISTANT. SHALL NOT BE TAKEN INTO ACCOUNT. (THE PRECEDING 
SENTENCE SHALL TAKE EFFECT IN ACCORDANCE WITH SECTION 3 OF 
ORDINANCE NO. 1156. APPROVED DECEMBER 7. 1987.) 

(1) Normal Retigemcnt. [Any] (I) ON OR BEFORE DECEMBER 
31; 1000 (2) NORMAL RETIREMENT FOR ANY CLASS C MEMBER WHO WAS AN 
EMPLOYEE ON OR AFTER JULY 1. 1987. BUT NOT AFTER JUNE 28. 1989 . 
ANY Class C Member, who has acquired at least five (5) years of 
Service at the Normal Retirement Date of age sixty-five (65) , 
shall have a nonforfeitable right to receive a Maximum Pension 
commencing at the Normal Retirement Date, age sixty-five (65) , or 
an Optional Pension which shall be the actuarial equivalent of 
the Maximum Pension as provided in Section 9(m). In addition, 
any Class C Member who has not attained the Normal Retirement 

190 



I 



Ord. No. 275 

Date of age sixty-five (65) , but who has acquired thirty (30) 
years of service and has attained the age of at least sixty-two 
(62) shall be entitled to receive a maximum pension calculated as 
if the Member had attained his Normail Retirement Date, age sixty- 
five (65) . The Maximum Pension shall be equal to one and seven- 
tenths percent (1.70%) of the Member's average final compensation 
multiplied by his years of service (and fractions thereof) , 
reduced by one and one half pcgeent (1 1/2%) FIVE TENTHS PERCENT 
fl. 5%) of the Member's primary Social Security benefit multiplied 
by his years of service (and fractions thereof) not to exceed 
thirty (30) . 

(II) ON OR AFTER JA>fUAR¥ 1, 1000, A>?Y CLASS C 
MEMBER, WHO HAS ACQUIRED AT LEAST FIVE ( 5 ) YEARS OF SERVICE AT 
THE NORMAL RETIREMENT DATE OF AGE SIXTY - FIVE (6 5 ), SILALL HAVE A 
NONFORFEITABLE RIGHT TO RECEIVE A MAXIMUM PENSION COMMENCING AT 
THE NOR>iAL RETIREMENT DATE, AGE SIXTY FIVE (6 5 ) , OR AN OPTIONAL 
PENSION WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF THE MAXIMUM 

PENSION AS PROVIDED IN SECTION Q (M) . IN ADDITION, ANY CLASS C 

MEMBER WHO HAS NOT ATTAINED THE NORMAL RETIREMENT DATE OF AGE 
SIXTY FIVE (05), BUT WHO HAS ACQUIRED THIRTY (30) YEARS OF 
SERVICE AND HAS ATTAINED THE AGE OF AT LEAST SIXTY TWO (02), 
SHALL BE ENTITLED TO RECEIVE A MAXIMUM PENSION CALCULATED AS IF 
THE MEMBER HAD ATTAINED HIS NORMAL RETIREMENT DATE, AGE SIXTY 

FIVE (65) . THE MAXIMUM PENSION SHALL BE EQUAL TO ONE AND EIGHT - 

FIVE ONE HUNDREDTHS PERCENT (1.05%) OF THE MEMBER'S AVERAGE FINAL 
COMPENSATION MULTIPLIED BY HIS YEARS OF SERVICE (AND FRACTIONS 
THEREOF) REDUCED BY ONE A>JD ONE - THIRD PERCENT (1 1/3%) OF THE 
MDfBER'S PRIMARY SOCIAL SECURITY BENEFIT MULTIPLIED BY HIS YEARS 
OF SERVICE (AND FRACTIONS THEREOF) NOT TO EXCEED THIRTY (30). 

For purposes of determining the amount of the Primary ,,.^ 

Social Security Benefit reduction in the preceding sentence (and 
by any other provision of this Article which references Section 

9(e). other than Section 9(in. any years of service and ^"^ 

fractions thereof during which a member did not have Old-Age. i*-^ 

Survivors and Disability Insurance taxes (as described in Section "A^ 

3111(a) of the Internal Revenue Code of 1986. as amended) paid on -^\ 

his behalf by the City by virtue of his employment by the Fire '''J^, 

Department to perform duties as or substantially similar to a t^J^ 

paramedic (including a cardiac rescue technician) or paramedic 
assistant, shall not be taken into account. (THE PRECEDING 
SENTENCE SHALL TAKE EFFECT IN. ACCORDANCE WITH SECTION 3 OF 
ORDINANCE NO. 1156. APPROVED DECEMBER 7. 1987.) 

r(2)1(3) Offset to Normal Retirement Benefit. There 
shall be offset from any Normal Retirement Benefit payable; 

The full amount of any benefit or payment 
currently payable on or after normal retirement on account of 
unemployment compensation insurance under any Federal. State or 
City law, when the City either pays the cost of said benefit by 
means of the reimbursement method or the City's experience rate 
is affected as a result of the taxing method. 

191 



Ord. No. 275 

(f) Early retirement. 

(1) Any Class C Member who ceases to be employed by the 
City and who has acquired thirty (30) years of Service, or who 
has attained age fifty-five (55) and has acquired five (5) years 
of Service, shall have a nonforfeitable right to receive a 
Maximum Pension commencing at the Normal Retirement Date of age 
sixty-five (65) , calculated in accordance with the following 
rules: 

(i) The pension shall be determined under Section 
9(e) based on the Member's Average Final Compensation and years 
of service (and fractions thereof) as of the date he ceased being 
an employee. 

(ii) The offset of the Primary Social Security 
Benefit will be calculated on the assumption that the Member 
ll|. would have continued to receive until his Normal Retirement Date, 

, age sixty-five (65) , compensation at the rate in effect at the 

' time of his retirement. 

I (iii) If such Member elects to have his maximum or 

optional pension commence prior to normal retirement date, age 
sixty-five (65) , the amount of said maximum or optional pension 
shall be permanently reduced as follows: 

'J lAl IF A MEMBER WHO WAS AN EMPLOYEE ON OR AFTER JUNE 

29. 1989, HAS AT LEAST THIRTY (30) YEARS OF SERVICE AS OF THE 
DATE HE CEASED BEING AN EMPLOYEE. THE AMOUNT OF HIS PENSION SHALL 
BE REDUCED BY SEVENTEEN HUNDREDTHS OF ONE PERCENT fO.17%) FOR 
f EACH FULL MONTH (OR FRACTION THEREOF) BY WHICH THE COMMENCEMENT 

j; OF HIS PENSION PRECEDES HIS NORMAL RETIREMENT DATE. HOWEVER. FOR 

i- MEMBERS WHO TERMINATE EMPLOYMENT WITH THE CITY BEFORE JUNE 29. 

'X' 1990. THE PRECEDING SENTENCE SHALL BE READ BY SUBSTITUTING 

•-;!;: TWENTY-ONE HUNDREDTHS OF ONE PERCENT (0.21%)" FOR "SEVENTEEN 

^ HUNDREDTHS OF ONE PERCENT (0.17%)" . 

«' (B) IF A MEMBER WHO WAS AN EMPLOYEE ON OR AFTER JULY 1. 

•V, 1987 BUT NOT AFTER JUNE 28. 1989. HAS AT LEAST THIRTY (30) YEARS 

*^ OF SERVICE AS OF THE DATE HE CEASED BEING AN EMPLOYEE. THE AMOUNT 

OF HIS PENSION SHALL BE REDUCED BY TWENTY-FIVE HUNDREDTHS OF ONE 
PERCENT (0.25%) FOR EACH FULL MONTH (OR FRACTION THEREOF) BY 
WHICH THE COMMENCEMENT OF HIS PENSION PRECEDES HIS NORMAL 
RETIREMENT DATE. 

(C) IF A MEMBER WHO WAS AN EMPLOYEE ON OR AFTER JULY 
1. 1987. HAS LESS THAN THIRTY (30) YEARS OF SERVICE AS OF THE 
DATE HE CEASED BEING AN EMPLOYEE. THE AMOUNT OF HIS PENSION SHALL 
BE REDUCED BY ONE-ONE HUNDRED AND EIGHTIETH (1/18 0) FOR EACH OF 
THE FIRST SIXTY (60) MONTHS (OR FRACTION THEREOF) BY WHICH THE 
COMMENCEMENT OF HIS PENSION PRECEDES HIS NORMAL RETIREMENT DATE. 
AND BY ONE-THREE HUNDRED AND SIXTIETH (1/360) FOR EACH ADDITIONAL 
MONTH (OR FRACTION THEREOF) BY WHICH THE COMMENCEMENT OF HIS 
PENSION PRECEDES HIS NORMAL RETIREMENT DATE. 

192 



Ord. No. 275 



fP) A MEMBER WHO CEASED BEING AN EMPLOYEE PRIOR TO JULY 
1. 1987. SHALL HAVE HIS MAXIMUM OR OPTIONAL PENSION CALCULATED 
ACCORDING TO ORDINANCE 1055 OF 1979. IF SAID MEMBER ELECTS TO 
HAVE HIS MAXIMUM OR OPTIONAL PENSION COMMENCE PRIOR TO NORMAL 
RETIREMENT DATE. AGE SIXTY-FIVE (65). HIS MAXIMUM OR OPTIONAL 
PENSION SHALL BE ACTUARIALLY REDUCED BASED UPON THE UNISEX TABLE 
APPROVED BY THE BOARD OF TRUSTEES AND KNOWN AS "THE ACTUARIAL 
REDUCTION FOR EARLY PAYMENT CLASS C MEMBERS ONLY TABLE. EFFECTIVE 
AUGUST 1. 198 3. 

[(Q) If] 1. ON on BEFORE DECEMBER 31, IQOO, IF a MoiBbor 
has at Icaat 30 ycaro of ocrwicc ao of the date he eeaocd being 
an GinployGG, — the amount of his ponaion ohall be gcducGd by one - 
quartGF of onG pGrcont (1/ 4 %) — for each full month (or fraction 
thereof) — by which the commencement of hio pcnoion prccedeo hio 
normal retirement date. 

l.A. ON OR AFTER JA>fUARY 1; 190Q, IF A MEMBER 
HAG AT LEAST 3 YEARS OF SERVICE AC OF THE DATE HE CEASED BEING 
AN EMPLOYEE; THE AMOUNT OF HIG PENCION SHALL BE REDUCED BY ONE - 
SIXTH OF ONE PERCENT (1/6%) FOR EACH FULL MONTH (OR FRACTION 
THEREOF) BY WHICH THE COMMENCEMENT OF HIS PENCION PRECEDES HIS 
NORMAL RETIREMENT DATE. 

[ (b) 3 — 2-: — If a Member haa leoo than 30 years of 
oerviee as of the date he ceaaed being an employee, — the amount of 
his pension shall be reduced by one one hundred and eightieth 
(1/100) — for each of the first sixty — (-&^^ — months — (or fraction 
thereof) — by which the commencement of his pension precedes his 
normal retirement date, — and by one three hundred and sixtieth 
(1/360) — for each additional month (or fraction thereof) — by which 
the commencGmGnt of his pension precedes his normal retirement 

9(i) 



For purposes of this Section 9fi). the last sentence of 1*1 

Sections 9(eWl) AND 9fEW2) shall not apply with respect to i^y 

employment bv the Fire Department of a member to perform duties 
as or substantially similar to a paramedic (including a cardiac 
rescue technician) or paramedic assistant. When determining the 
Ordinary Disability Benefit under this Section 9(i) the member's 
Primary Social Security Benefit shall be multiplied by a 
fraction, the numerator of which shall be the number of years and 
fractions thereof of his service prior to the time he ceased to 
be employed by the City and during which he had Old-Age. 
Suryiyors and disability Insurance taxes (as described in Section 
3111(a) of the Internal Revenue Code of 1986. as amended) paid on 
his behalf by the City, and the denominator of which is the total 
number of years and fractions thereof of his service prior to the 
time he ceased to be employed by the City. 

193 



^:> 



(m) Optional Ponoion Benefits. OPTIONAL RETIREMENT 
ALLOWANCES. 



Ord. No. 275 

9flWlWiii) A member who terminates employment with 
the City after accmirina ten flO) years of service, but before 
attaining age f iftv-fiye (55) . may upon attai ning age fifty-five 
(55) elect to have payment of his benefit commence at any time 
thereafter. Such benefit shall be actuarially reduced in 
accordance with the same rules applicable for early retirement 
benefits under Section r9(f)(iii).1 9(F) (1 Will), if its 
commencement precedes the member's normal retirement date. 

9(l)(2)(iii) A member described in Section 9(1) (2) 
herein, may upon attaining age fiftv-five (55) elect to have 
payment of his benefit commence at any time thereafter. Such 
benefit shall be actuarially reduced in accordance with the same 
rules applicable for early retirement benefits under Section 
r9(f)(iii).1 9(F)(1) (III), if its commencement precedes the 
.r member's normal retirement date. 

li 

r 

r 

i (6) (I) — In the event that a Mombep who retiyea (6) 

f IN THE EVENT THAT A MEMBER WHO WAS AN EMPLOYEE ON OR AFTER JULY 

1. 1987. B UT NOT AFTER JUNE 28. 1989. RETIRES AND elects to 
^ receive maximum benefits without optional modification later dies 

and is survived by a spouse to whom the member had been married 
,^ for at least one (1) year immediately prior to retirement, an 

J^ amount equal to 5% of the allowance said member was receiving 

»* shall be paid to such surviving spouse to continue as long as he 

'' or she remains member shall have either attained the age of 

eighteen (18) years or, in the event said child is a full-time 
f student, before he shall have attained the age of twenty-two (22) 

p. years, then an amount equal to 5% of the allowance said member 

t was receiving shall be paid to such child or children, divided in 

^ such manner as the Board of Trustees in its discretion shall 

determine to continue for the benefit of such child or children 
until the last child marries, dies or either attains the age of 
Jji! eighteen (18) years or in the event he is a full-time student, 

I— attains the age of twenty-two (22) years. 

''*^' -{^a^ 111 IN THE EVENT THAT A MEMBER WHO WAS AN 

EMPLOYEE ON OR AFTER DECEMBER 31, 1000 JUNE 29. 1989 . RETIRES AND 
ELECTS TO RECEIVE MAXIMUM BENEFITS WITHOUT OPTIONAL MODIFICATION 
LATER DIES AND IS SURVIVED BY A SPOUSE TO WHOM THE MEMBER HAD 
BEEN MARRIED FOR AT LEAST ONE (1) YEAR IMMEDIATELY PRIOR TO 
RETIREMENT, AN AMOUNT EQUAL TO 35% (OR SUCH DIFFERENT AMOUNT AS 
SET FORTH BELOW) OF THE ALLOWANCE SAID MEMBER WAS RECEIVING SHALL 
BE PAID TO SUCH SURVIVING SPOUSE TO CONTINUE AS LONG AS HE OR SHE 
REMAINS UNMARRIED. IF THERE IS NO SUCH SPOUSE OR IF THE SPOUSE 
DIES OR REMARRIED REMARRIES BEFORE THE YOUNGEST UNMARRED 
UNMARRIED CHILD OF SAID DECEASED MEMBER SHALL HAVE EITHER 
ATTAINED THE AGE OF EIGHTEEN (18) YEARS OR , IN THE EVENT SAID 
CHILD IS A FULL-TIME STUDENT, BEFORE HE SHALL HAVE ATTAINED THE 
AGE OF TWENTY-TWO (22) YEARS, THEN AN AMOUNT EQUAL TO 35% lOR . 
SUCH DIFFERENT AMOUNT AS SET FORTH BELOW) OF THE ALLOWANCE SAID 

194 



Ord. No. 276 



MEMBER WAS RECEIVING SHALL BE PAID TO SUCH CHILD OR CHILDREN, 
DIVIDED IN SUCH MANNER AS THE BOARD OF TRUSTEES IN ITS DISCRETION 
SHALL DETERMINE TO CONTINUE FOR THE BENEFIT OF SUCH CHILD OR 
CHILDREN UNTIL THE LAST CHILD MARRIES, DIES OR EITHER ATTAINS THE 
AGE OF EIGHTEEN (18) YEARS eF OR IN THE EVENT HE IS A FULL-TIME 
STUDENT, ATTAINS THE AGE OF TWENTY-TWO (22) YEARS. HOWEVER. FOR 
MEMBERS WHO TERMINATE EMPLOYMENT WITH THE CITY BEFORE JUNE 29. 
1990. THE PRECEDING TWO SENTENCES SHALL BE READ BY SUBSTITUTING 
"33-1/3%" FOR "35%" WHEREVER SUCH AMOUNTS APPEAR THEREIN. 

DEC. 2. MfD BE IT FURTHER ORDAINED, That this ogdinancc 
ohall take of foot on the dQte of it3 cnQCtmont. SEC. 2. AND BE IT 
FURTHER ORDAINED. THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 
42 OF THIS ARTICLE 22. THE PROVISIONS AND BENEFITS OF THIS 
ORDINANCE NO. . 198 . SHALL BE REPEALED OR MODIFIED BY FUTURE 
ORDINANCES. IF NECESSARY. IN ORDER TO COMPLY WITH FEDERAL LAW 
AND /OR REGULATIONS. SUCH CHANGES MAY RESULT IN THE RESTRUCTURING 
OF THE PROVISIONS OF THIS ORDINANCE WHICH COULD RESULT IN REDUCED 
BENEFITS TO MEMBERS. RETIREES. AND/OR BENEFICIARIES OF RETIREES. 

SEC. 3. AND BE IT FURTHER ORDAINED. THAT THIS ORDINANCE 
SHALL TAKE EFFECT ON THE DATE OF ENACTMENT . 

Approved May 9, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 276 

(Council Bill No. 341) 

AN ORDINANCE concerning 

ZONING CODE - PREPARED FOOD DELIVERY SERVICES 

FOR the purpose of adding prepared food delivery services to 
the list of conditional uses in the B-2 District and providing 
for off-street parking requirements. 

BY adding 

Article 30 - Zoning 

Section 6.2-lc-5a and 9. 0-3 -Prepared food delivering 
services 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 



195 



Ord. No. 277 

ARTICLE 30 - ZONING 

Chapter 6 - Business Districts 

6.2 B-2 Community Business District. 

1. Use regulations 

c. Conditional uses. 

5A. PREPARED FOOD DELIVERY SERVICES 

Chapter 9 - Off-Street Parking Regulations 

'• 9.0-3 Schedule of required off-street parking spaces. 

''' 

I PREPARED FOOD DELIVERY SERVICES: 

I B-2 AS DETERMINED BY THE 

.V DEPARTMENT OF TRANSPORTATION 

i SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

r shall take effect on the 30th after the date of its enactment. 

«► Approved May 12, 1989 

KURT L. SCHMOKE, Mayor 



r 
c 

5 



CITY OP BALTIMORE 

ORDINANCE NO. 277 

(Council Bill No. 483) 

AN Ordinance concerning 



SUPPLEMENTARY LOAN FUND CAPITAL APPROPRIATION - 
l^ DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

r 

Ij^i FOR the purpose of providing a supplementary loan fund capital 

appropriation in the amount of One Million Six Hundred Fifty 
Thousand Dollars ($1,650,000) to the Department of Housing 
and Community Development (9911-587-703) to be used for 
construction of Phase II - Public Works project on Pier 5 in 
the Inner Harbor. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Section 7 of Article XI of the Constitution of 
Maryland permits the Mayor and City Council of Baltimore to 
submit ordinances to create debt to the voters of Baltimore City 
for approval after such ordinances have been approved by a 

196 



Ord. No. 277 



majority of the Members of the General Assembly of Maryland 
representing Baltimore City; and 

WHEREAS, The members of the General Assembly of Maryland 
representing Baltimore City approved Resolution VII of 1988 which 
authorizes the issuance of certificates of indebtedness by 
Baltimore City upon approval by a majority of votes of the legal 
voters of Baltimore City, the aggregate amount of said 
certificates not to exceed Fourteen Million Three Hundred 
Thousand Dollars ($14,300,000) to be used for community 
development projects; and 

WHEREAS, City Ordinance 152 approved July 6, 1988 authorizes 
the issuance of certificates of indebtedness by the Mayor and 
City Council of Baltimore to an amount not exceeding Fourteen 
Million Three Hundred Thousand Dollars ($14,300,000) for the 
purposes set forth in Resolution VII of 1988 approved by the 
Members of the General Assembly of Maryland representing 
Baltimore City, provided that said Ordinance is not to become 
effective unless it shall be approved by a majority of the votes 
of the legal voters of the City of Baltimore at the General 
Election on November 8, 1988; and 

WHEREAS, The money appropriated herein represents a 
proportion of an issuance of certificates of indebtedness 
authorized by City Ordinance 152 approved July 6, 1988, such 
amount being in excess of the revenue estimated and relied upon 
by the Board of Estimates in determining the tax levy required to 
balance the budget for the 1989 fiscal year, and is therefore 
available for appropriation to the Department of Housing and 
Community Development (9911-587-703) pursuant to the provisions 
of Article VI, Section 2(h)(3) of the Baltimore City Charter 
(1964 Revision, as amended) ; and 

WHEREAS, The additional sum appropriated herein is for a new 
program which could not reasonably be anticipated at the time of 
the formulation of the proposed Ordinance of Estimates and the 
adoption of such Ordinance; and 

WHEREAS, This supplementary loan fund capital appropriation 
has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 25th day 
of January, 1989, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) , the sum of One Million Six Hundred Fifty Thousand 
Dollars ($1,650,000) shall be made available to the Department of 
Housing and Community Development (9911-587-703) of the City of 
Baltimore a as supplementary loan fund capital appropriation for 

197 



5: 






Ord. No. 278 



the fiscal year ending June 30, 1989 for the purpose of 
construction of Phase II - Public Works project on Pier 5 in the 
Inner Harbor. The amount thus made available as a supplementary 
loan fund capital appropriation shall be expended from revenue 
derived from the issuance of certificates of indebtedness as 
authorized by the voters of Baltimore City on November 8, 1988, 
said amount being in excess of the amount from this source which 
was estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1989 fiscal year; and said funds shall be the source of revenue 
for this supplementary loan fund capital appropriation, as 
required by Article VI, Section 2 of the Baltimore City Charter 
(1964 Revision, as amended). 



Ill SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

KURT L. SCHMOKE, Mayor 



shall take effect on the date of its enactment. 
Approved May 12, 1989 



r 

r 

c 

f CITY OF BALTIMORE 

^ ORDINANCE NO. 278 

7^ (Council Bill No. 487) 

rr' 

'-•' AN ORDINANCE concerning 

*^ 

ZONING CODE - CORRECTIVE AMENDMENT 

r 

J^l, FOR the purpose of correcting a typographical error relating to 

C' City Council procedure. 



BY repealing and reordaining with amendments 
Article 30 - Zoning 

Chapter 11 - Administration and Enforcement 
Section 11.0-6C-2 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING 

Chapter 11 - Administration and Enforcement 

11.0-6 Amendments. 

c. Action by City Council. 



198 



I 



Ord. No. 279 

2. The City Council shall not place a proposed 
amendment to this ordinance on the second reading calendar until 
it has received written reports on the amendment from the Board 
and the Planning Commission. However, if the Board and/OR the 
Planning Commission fail to submit a written report and 
recommendation to the City Council within 100 days after 
introduction of a proposed amendment, the City Council may place 
the proposed amendment on the second reading calendar, provided 
the City Council complies with the notification and publication 
requirements of Section 11.0-6c-3. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance ilP] 

shall take effect on the date of its enactment. -^ 

Approved May 12, 1989 i^#«— ^ 

KURT L. SCHMOKE, Mayor )lJi 



CITY OF BALTIMORE 
ORDINANCE NO. 279 
(Council Bill No. 501) 

AN ORDINANCE concerning 

REZONING - 2715 N. CHARLES STREET 

FOR the purpose of changing the zoning for the property known as 
2715 N. Charles Street from the R-8 Zoning District to the 

OR-2 Zoning District, as outlined in red on the plats .-^ 

accompanying this ordinance. „-^ 

lO 

BY amending Zoning District Maps .^ 

Sheet No. 35 y 

Article 30 - Zoning '^ 

Baltimore City Code (1983 Replacement Volume, as amended) O 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF '"J 

BALTIMORE, That Sheet No. 37 of the Zoning District Maps of '•^ 

Article 3 0-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by 
changing from the R-8 Zoning District to the OR-2 Zoning 
District, the property known as 2715 Charles Street, as outlined 
in red on the plats accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 

199 



Ord. No. 280 



Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED,. That this ordinance 
shall take effect on the 30th day aftop the date of its 
enactment . 

Approved May 12, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

HI I 

<ll ORDINANCE NO. 280 

|l' 

I (Council Bill No. 80) 

r 
( 

r PAYMENT OF CITY OBLIGATIONS 



AN ORDINANCE concerning 



I* FOR purpose of establishing a policy of prompt payment of City 

obligations; providing for the payment of interest after a 
certain period of time; providing certain exemptions from 
1 payment of interest; defining certain terms; authorizing the 

^^ Director of Finance to perform certain duties; and generally 

relating to the payment of City obligations. 

I BY adding to 

p Article 1 - Mayor, City Council, and Municipal Agencies 

*^: To be under a new Subtitle - Contracts-Payment of City 

,^ Obligations 

Ipii Section - 27A 

•jj; Baltimore City Code (1983 Replacement Volume, as 

\mm< amended) 

r 

rj ' SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

CONTRACTS - PAYMENT OF CITY OBLIGATIONS 

27A. 

(A) DEFINITIONS. FOR THE PURPOSE OF THIS SUBTITLE THE 
FOLLOWING WORDS HAVE THE MEANINGS INDICATED UNLESS 
THEIR CONTEXT CLEARLY INDICATES OTHERWISE. 



200 



Ord. No. 280 



(1) CITY MEANS MAYOR AND CITY COUNCIL OF BALTIMORE, THE 

BODY POLITIC AND CORPORATE AS ESTABLISHED BY THE 
BALTIMORE CITY CHARTER. 

(2) CONSTRUCTION ESTIMATE MEANS THAT DOCUMENT SIGNED BY 

THE CONTRACTOR. THE INSPECTOR. THE PROPER DIVISION 
AND BUREAU CHIEF AND THE DIRECTOR OF PUBLIC WORKS 
CERTIFYING THAT CERTAIN WORK HAS BEEN COMPLETED ON 
A CONSTRUCTION CONTRACT. 

-H^(2) CONTRACTOR MEANS ANY PERSON HAVING A CONTRACT 
WITH THE CITY. CONTRACTOR DOES NOT INCLUDE 
EMPLOYEES WITH LABOR CONTRACTS. 

-ir^JAl DIRECTOR MEANS THE DIRECTOR OF FINANCE. 

-M-f (5) PAYMENT DATE MEANS THE DATE OF THE DIRECTORS' 
CHECK. 

-(-^¥(6) PERSON MEANS AN INDIVIDUAL, RECEIVER, TRUSTEE, 
GUARDIAN, PERSONAL REPRESENTATIVE, FIDUCIARY, OR 
REPRESENTATIVE OF ANY KIND AND ANY PARTNERSHIP, 
FIRM, ASSOCIATION, CORPORATION, OR OTHER ENTITY. 

-eetlTl PROPER INVOICE MEANS AN INVOICE WHICH CONTAINS 

THE CONTRACTOR'S FEDERAL EMPLOYER'S IDENTIFICATION 
NUMBER OR SOCIAL SECURITY NUMBER AND THE CONTRACT 
OR PURCHASE ORDER NUMBER OR OTHER DESCRIPTION OF 
THE CONTRACT AND WHICH CONTAINS OR IS ACCOMPANIED 
BY SUCH SUBSTANTIATING INFORMATION AND 
DOCUMENTATION AS REQUIRED BY THE DIRECTOR. 

-m-J31 RECEIPT DATE MEANS THE DATE THAT A PROPER 

INVOICE AND RECEIVING NOTICE OR. IN THE CASE OF A 
CONSTRUCTION CONTRACT. A PROPER CONSTRUCTION 
ESTIMATE IS RECEIVED BY THE CITY AND RECORDED BY 
THE BUREAU OF PAYROLL AND DISBURSEMENTS . 

(B) CITY POLICY. IT IS THE POLICY OF THIS CITY THAT PAYMENT 

PURSUANT TO ANY AUTHORIZED, WRITTEN PROCUREMENT 
CONTRACT SHALL BE MADE BY THE CITY TO THE CONTRACTOR 
NOT LATER THAN 3 CALENDAR DAYS FROM THE RECEIPT DATE 
OF A PROPER INVOICE. PAYMENT PURSUANT TO A 
CONSTRUCTION CONTRACT SHALL BE MADE BY THE CITY TO THE 
CONTRACTOR NOT LATER THAN THE DATE SPECIFIED IN THE 
CONTRACT OR. IF NO DATE IS SPECIFIED. THEN NOT LATER 
THAN 3 DAYS FROM THE RECEIPT DATE OF A PROPER 
CONSTRUCTION ESTIMATE. 

(C) INTEREST. ANY AMOUNT DUE AND PAYABLE PURSUANT TO LAW 
AND UNDER AN AUTHORIZED, WRITTEN PROCUREMENT CONTRACT OR A 
CONSTRUCTION CONTRACT WHICH REMAINS UNPAID FOR MORE THAN 45 
CALENDAR DAYS AFTER THE RECEIPT DATE SHALL ACCRUE INTEREST, AT A 
RATE SPECIFIED BY THE BOARD OF ESTIMATES, FOR THE PERIOD THAT 

201 



r 



Ord. No. 281 



BEGINS 31 CALENDAR DAYS AFTER THE RECEIPT DATE. IF THE WRITTEN 
CONSTRUCTION CONTRACT SPECIFIES A DATE BEFORE WHICH PAYMENT MUST 
BE MADE BY THE CITY. THEN THE PROVISIONS OF THAT CONTRACT SHALL 
APPLY TO THE PAYMENT OF INTEREST BY THE CITY. 

(D) EXEMPTIONS. THE CITY IS NOT LIABLE FOR THE PAYMENT OF 
INTEREST PURSUANT TO THIS SUBTITLE: 

(1) IF A PROPER INVOICE FOR ACCRUED INTEREST IS NOT 
SUBMITTED WITHIN 30 CALENDAR DAYS AFTER THE 
PAYMENT DATE OF THE AMOUNT ON WHICH THE INTEREST 
ACCRUED; 



(2) IF THERE IS A DISPUTE BETWEEN THE CITY AND THE 
CONTRACTOR; 



4;: 

I (3) FOR MORE THAN ONE YEAR FOLLOWING THE 3 1ST CALENDAR 

r DAY AFTER THE RECEIPT DATE; OR 

r 

> (4) ON AMOUNTS REPRESENTING UNPAID INTEREST. 

^ (E) DIRECTOR. THE DIRECTOR OF FINANCE MAY ADOPT RULES AND R 

EGULATIONS APPROVED BY THE BOARD OF ESTIMATES TO CARRY OUT THIS 

•* SUBTITLE. THE DIRECTOR MAY CHARGE THE CONTRACTING CITY AGENCY 

THE INTEREST PROVIDED FOR IN THIS SUBTITLE WHEN THE CITY AGENCY 
IS THE CAUSE OF ANY DELAY REQUIRING THE PAYMENT OF INTEREST, 
OTHERWISE THE DEPARTMENT OF FINANCE SHALL PAY THE INTEREST 

'^ PROVIDED FOR IN THIS SUBTITLE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
f^ enactment . 

,i:J ' Approved May 26, 1989 

.3 KURT L. SCHMOKE, Mayor 



r'' CITY OP BALTIMORE 

o 

ORDINANCE NO. 281 
(Council Bill No. 470) 

a!n ORDINANCE concerning 

FRANCHISE - UNDERGROUND CONDUIT LICENSE 

FOR the purpose of granting permission and authority to American 
Telephone and Telegraph of Baltimore City to construct and 
maintain underground conduit under and across West Belvedere 
Avenue, West Garrison Avenue, Cold Spring Lane, Patterson 
Avenue, and Hayward Avenue. 

BY authority of 

202 



Ord. No. 281 



Article VIII - Franchises 

Section 1 

Charter of Baltimore City (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission and authority be and the same are 
hereby granted to American Telephone and Telegraph of Baltimore 
City, a Maryland Corporation (hereinafter referred to as the 
Grantee) , its agents, successors and assigns, to construct and 
maintain, at its own cost and expense, for a period not to exceed 
25 years, an underground conduit in which will be housed fiber 
optic cable for the Baltimore to Finksburg Fiber Optic Cable 
Project under and across West Belvedere Avenue, West Garrison 
Avenue, Cold Spring Lane, Patterson Avenue, and Hayward Avenue 
located and described as follows. 

Beginning at a point in the western right-of-way line of 
West Belvedere Avenue, said point being located 24' north of the 
centerline of CSX Railroad spur line tracks, thence in an 
easterly direction parallel to and 24' north of said spur line, 
crossing West Belvedere Avenue, a distance of 80' -♦— to a point 
in the eastern right-of-way line of aforesaid West Belvedere 
Avenue . 

Beginning at a point in the western right-of-way line of 
West Garrison Avenue, said point being located 10' north of the 
centerline of CSX Railroad spur line tracks, thence in an 
easterly direction parallel to and 10' north of said spur line, 
crossing West Garrison Avenue, a distance of 40' +- to a point in 
the eastern right-of-way line of aforesaid West Garrison Avenue. 

Beginning at a point in the west right-of-way line of Cold 
Spring Lane, said point being located 30' northeast of the 
centerline of CSX Railroad spur line tracks; thence in a 
southeasterly direction parallel to and 30' north of said spur 
line, crossing Cold Spring Lane, a distance of 80' + to a point 
in the eastern right-of-way line of aforesaid Cold Spring Lane. 

Beginning at a point in the western right-of-way line of 
Patterson Avenue, said point being located 10' south of the 
centerline of CSX Railroad tracks; thence in an easterly 
direction parallel to and 10' south of said railroad tracks, 
crossing Patterson Avenue, a distance of 60' +- to a point in the 
eastern right-of-way line of aforesaid Patterson Avenue. 

Beginning at a point in the eastern right-of-way line of 
Hayward Avenue, said point being located 10' north of the 
centerline of CSX Railroad spur line tracks; thence in a westerly 
directions parallel to and 10' north of said spur line, crossing 
Hayward Avenue, a distance of 40* -♦— to a point in the western 
right-of-way line of aforesaid Hayward Avenue. 

SEC. 2. AND BE IT FURTHER ORDAINED, That said Grantee shall 
pay to the said City of Baltimore, as compensation for the 

203 



Ord. No. 281 

license hereby granted, the sum of $450.00 per year, payable in 
advance during the continuance of this license, or any renewal 
thereof; and subject to the increase or decrease of this charge 
as provided in Section 3 herein. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the City of 
Baltimore hereby expressly reserves the right and power, at all 
times, to exercise, in the interest of the public, full municipal 
superintendence, regulation, and control in respect to all 
matters connected with this grant and not inconsistent with the 
terms hereof. The license herein granted shall be held, 
,|| exercised, and enjoyed for a period of one year from the 

effective date of this ordinance, with the further right to the 
Grantee to twenty-four (24) consecutive one year renewals of the 
*'; license, each such renewal to be for a period of one year, upon 

li! the same terms and conditions as the original one year grant, 

I except as otherwise provided herein. Each one year renewal 

v period shall take effect immediately upon the expiration of the 

m original or renewal term then in force, without any action being 

^ taken on behalf of either the City of Baltimore or the. Grantee, 

V but the total period of time during which the license shall 

r operate, including the original term and all renewals thereof, 

shall not exceed, in the aggregate twenty-five years except as 
*» otherwise permitted by the City Charter. Provided, that the City 

of Baltimore, acting by and through the Board of Estimates, may 
increase or decrease the license charge payable by the Grantee 
',] under the provisions hereof, by giving written notice to that 

■^ effect to the Grantee at least one hundred and fifty (150) days 

' prior to the expiration of the original one year term granted 

herein, or any yearly renewal term herein granted which becomes 
r effective after any increase or decrease in said license charge 

has occurred. Provided further, that the City of Baltimore, 
acting by and through the Director of Public Works and to 
j^ accommodate a public improvement or for other public purpose, or 

113 the Grantee, may terminate the license granted herein, by giving 

'•*;; ! written notice to that effect to the other, at least one hundred 

I„* and eighty (180) days prior to the expiration of the original one 

["I' year term granted herein or any one year renewal term herein 

^•^ii' granted and then in effect. The rights granted herein shall be 

exercised and enjoyed within six (6) months after grant. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain said conduit in good condition throughout the full 
term of this grant, so long as said conduit shall exist at the 
locations described herein. In the event said conduit must be 
adjusted, relocated, protected, or supported to accommodate a 
public improvement or for other public purpose, the Grantee shall 
pay all costs in connection therewith. 

SEC. 5. AND BE IT FURTHER ORDAINED, That material 
noncompliance by said Grantee at any time or times, with any of 
the terms or conditions of the grant hereby made shall, at the 
option of the City of Baltimore, operate as a forfeiture of said 
grant, and the City of Baltimore, acting by and through the 

204 



c 



Ord. No. 281 



Director of Public Works, may terminate the license granted 
herein where said Grantee is in material breach of it duties and 
obligations hereunder and said Grantee fails to commence to cure 
such breach or noncompliance as soon as practicable but in no 
event longer than thirty (3 0) days of receipt by said Grantee 
from the City of Baltimore of written notice to cure such breach. 
In the event of a failure by Grantee to cure any such breach or 
noncompliance within such 3 0-day period, nothing, other than an 
ordinance of the City of Baltimore, shall operate as a waiver of 
any termination or forfeiture of the grant hereby made. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 
granted when, in his judgment, a public emergency requires such 
revocation and, upon the Grantee hereunder, all rights under this 
ordinance shall cease and terminate. 

SEC. 7. AND BE IT FURTHER ORDAINED, That in the event of 
revocation, forfeiture, or termination for any reason whatsoever 
of the rights and privileges by this ordinance granted, or in the 
event of a proposed public improvement or other public purpose 
requiring said removal, the said Grantee hereunder shall, at its 
expense remove said conduit in a manner satisfactory to the 
Director of Public Works of Baltimore City, such removal to be 
made without any compensation to the Grantee, and to be completed 
within such time as shall be specified in writing by the said 
Director of Public Works, which time shall be at least one 
hundred and eighty (180) days from the date of receipt by Grantee 
of a written notice requesting removal of said conduit, the City 
of Baltimore will work with Grantee to find an alternate location 
for said conduit, if available. 

SEC. 8. AND BE IT FURTHER ORDAINED, That said Grantee shall 
be liable for and shall indemnify and save harmless the City of 
Baltimore, except for gross negligence of the City of Baltimore 
or any of its agents, employees, servants or officials, against 
any and all suits, losses, costs, claims, damages, or expenses to 
which the City of Baltimore may from time to time be subjected on 
account of, by reason of, or in any way resulting from: 

A. The presence, construction, use of operation, 
maintenance, alteration, repair, location, relocation or removal 
of said conduit; and 

B. Any failure on the part of said Grantee to perform, 
promptly and properly, any of the duties or obligations imposed 
upon it by the terms and provisions of this ordinance. 

SEC. 9. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 26, 1989 

KURT L. SCHMOKE, Mayor 

205 



Ord. No. 282 



CITY OF BALTIMORE 



ORDINANCE NO. 282 
(Council Bill NO. 474) 

AN ORDINANCE concerning 

REZONING - 2000-2008 ORLEANS STREET 

FOR the purpose of changing the zoning for the properties known 
as 2000-2008 Orleans Street from the R-8 Zoning District to 
the D B 2 B-3-2 Zoning District, as outlined in red on the 
amended plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 57 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 



r 
c 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 57 of the Zoning District Maps of 
Article 3 0-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by 
changing from the R-8 Zoning District to the D 2 B B-3-2 Zoning 
District, the properties known as 2000-2008 Orleans Street, as 
outlined in red on the amended plats accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

•SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



Approved May 26, 1989 



KURT L. SCHMOKE, Mayor 



206 



Ord. No. 283 

CITY OF BALTIMORE 

ORDINANCE NO. 283 

(Council Bill No. 522) 

AN ORDINANCE concerning 

PARKING - RESERVED 
McELDERRY STREET 

For the purpose of providing for reserved parking on the south 
side of McElderry Street for Richard J. Gnibus. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That on McElderry Street, south side, from a point 30* 
west of Highland Avenue to a point 52' west of Highland Avenue, 
parking is reserved for Richard J. Gnibus, displaying a permit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 284 

(Council Bill No. 523) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 881, approved 

February 26, 1987, which provided for reserved handicap 

parking on the west side of Potomac Street for George McClurkin. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 881, approved February 26, 1987, is 
hereby repealed and the authorization for reserved handicap 
parking on the west side of Potomac Street south of Preston 
Street, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 2 6, 1989 

KURT L. SCHMOKE, Mayor 



207 



Ord. No. 285 

CITY OF BALTIMORE 

ORDINANCE NO. 285 

(Coxincil Bill No. 528) 

AN ORDINANCE concerning 

PARKING - RESERVED 
BUREN STREET 

For the purpose of providing for reserved parking on the east 
'" side of Buren Street for Sheriff's Office. 

( SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

f BALTIMORE, That on the east side of Buren Street from Monument 

Street to a point 185' feet north of Monument Street, parking is 
f reserved for vehicles belonging to the Sheriff's Office, 

r displaying permits. 

i; SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

r shall take effect on the date of its enactment. 

Approved May 26, 1989 

KURT L. SCHMOKE, Mayor 



^ CITY OP BALTIMORE 

f ORDINANCE NO. 286 

C (Council Bill No. 538) 

•Si AN ORDINANCE concerning 

!I^ 1^ REPEAL OF ONE-WAY STREET ORDINANCE 

(.--It 

L ^, For the purpose of repealing Ordinance No. 863, approved 

'-^ September 29, 1978, which provided for one-way westbound 

traffic oh Fayette Street from Gay Street to Holliday 

Street. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 863, approved September 29, 1978, 
is hereby repealed and the authorization for one-way westbound 
traffic on Fayette Street from Gay Street to Holliday Street is 
hereby recinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 26, 1989 

KURT L. SCHMOKE, Mayor 

208 



Ord. No. 287 

CITY OP BALTIMORE 

ORDINANCE NO. 287 

(Council Bill No. 539) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 8, approved February ^ 

22, 1988, which provided for reserved handicap parking on ^U^ 

the south side of Gough Street for Margaret Stack. -*n 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF *--y 

BALTIMORE, That Ordinance No. 8, approved February 8, 1988, is iJi 

hereby repealed and the authorization for reserved handicap — ^ 

parking on the south side of Gough Street east of Lehigh Street, "" 
is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 288 

(Covincil Bill No. 455) 



AN ORDINANCE concerning ^ 

ZONING - PLANNED UNIT DEVELOPMENT ^ 

BALTIMORE TREATMENT CENTER C7 

FOR the purpose of repealing Ordinance 401, approved June 13, •» ; 

1985; approving the application of Baltimore Treatment Center, 'T 

Inc. , to have the property located at 3800 Frederick Avenue, 

consisting of 13.85 acres more or less, as shown on the plat 

accompanying this ordinance, designated a Residential Planned 

Unit Development in accordance with Sections 12.0-1 and 12.0-2 of 

Article 3 of the Baltimore City Code (1983 Replacement Volume, 

as amended) ; and approving the revised Development Plan/Location 

Survey submitted by Baltimore Treatment Center, Inc. 

WHEREAS, Baltimore Treatment Center, Inc. has met with the 
Director of Planning, the designated officer of the Planning 
Commission of Baltimore City, to hold a Pre-Petition Conference 
to explain the scope and nature of the proposed development on 



209 



r 



Ord. No. 288 



the property in order to institute proceedings to have said 
property designated a Residential Planned Unit Development; and 

WHEREAS, Together herewith, Baltimore Treatment Center, Inc. 
makes formal application to the City Council of Baltimore City; 
and 

WHEREAS, Baltimore Treatment Center, Inc. has made formal 
application to the City Council and submitted the requisite 

revised Development Plan/Location Survey dated April 21. 1989 to 
satisfy the requirements specified by Sections 12.0-1 and 12.0-2 
of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) ; now, therefore. 



'•;; SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

^-' BALTIMORE, That Ordinance 401, approved June 13, 1985, approving 

f" the application of St. Joseph's Passionist Retreat, Inc. for a 

f Residential Planned Unit Development on the property known as 

I" 3800 Frederick Avenue, is hereby repealed. 



SEC. 2. AND BE IT FURTHER ORDAINED, That the application of 
Baltimore Treatment Center, Inc. to designate the property 
located at 3800 Frederick Avenue, as shown on the plat 
accompanying this ordinance, as a Residential Planned Unit 
Development pursuant to Article 30, Sections 12.0-1 and 12.0-2 of 
the Baltimore City Code (1983 Replacement Volume, as amended) , be 
and it is hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the revised 
Development Plan/Location Survey dated April 21. 1989 submitted 
by Baltimore Treatment Center, Inc. be and it is hereby approved 
|r" by the City Council of Baltimore and is hereby made a part 

J. hereof. 

< .„ 

.13 -• SEC. 4. AND BE IT FURTHER ORDAINED, That subsequent to the 

JJJtIi passage of this ordinance by the City Council, all changes in the 

»**j:' approved revised Development Plan/ Location Survey dated April 21. 

1"^' 1989. for the development of the property and all modifications 

O'' to the exteriors of existing buildings on the property shall be 

reviewed and approved by the Planning Commission to ensure such 
changes are consistent with this ordinance. 

?EC. ?. ANP PE IT FURTHER ORDAJNED, That Baltimore Tfe^tPght 
Center. Inc.. within 30 days of the transfer of title from the 
St. Joseph's Passionist Retreat. Inc.. shall apply to the 
Commission for Historical and Architectural Preservation for 
designation of the buildin gs on the property as a City Landmark. 

SEC. S 6. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the revised Development Plan /Location Survey 
dated April 21. 1989 which is a part hereof and in order to give 
notice to the departments which are administering the Zoning 

210 



Ord. No. 288A 



Ordinance, the President of the City Council shall sign the 
revised Development Plan /Location Survey dated April 21. 1989. 
and when the Mayor approves the ordinance, he shall sign the 
revised Development Plan /Location Survey dated April 21. 1989 . 
The Director of Finance shall then transmit a copy of the 
ordinance and the revised Development Plan /Location Survey dated 
April 21. 1989 to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Supervisor of Assessments for Baltimore 
City and the Zoning Administrator. 

SEC. € 7. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved June 1, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 288A 

(Council Bill NO. 161) 

AN ORDINANCE concerning 

ZONING - BINGO HALLS 

FOR the purpose of adding charitable bingo halls to the list of 
pei - aitted conditional uses in the B-2 . B-3, B-4 , and B-5 
Zoning Districts and to the liot of conditional uoeo in the 
D 2 Zoning District and to establish parking requirements 
therefor. 

BY adding ^-^ 

Article 30 - Zoning ^ 

Chapter 6 - Business Districts *J 

Section 6.2«lc , G.3 lb, 6. 4 lb -* , 

Chapter 9 - Off-Street Parking ^ 

Section 9.0-3 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING 

Chapter 6 - Business Districts 

6.2 B-2 Community Business District. 

6.2-1. Use regulations. 

211 



Ord. No. 289 

c. Conditional uses. 

2A BINGO HALLS . CHARITABLE 

•6-r9 — D 3 C o naunity CoiuBcgcicil District. 

G.3 1. Uac gGgulQtions. 

b. rcgnittod udco. 

]■ '. IIA. DINGO HALLO 

^^^4 — B -4 Central Business Diatriet. 

^^ €-r^ — hs — Use regulations. 

it 

h-. — Permitted uses. 



r 

r 
r 
c 
r 



r 
c 



i 



0.5 DINGO HALLO 

Chapter 9 - Off-Street Parking Regulations 

9.0-3 Schedule of Required Off-Street Parking Spaces 

BINGO HALLS 

B-5-1, B-5-2 - NO REQUIREMENTS 
B-4-1, B-4-2 

B-3-3, B-2-4 - ONE FOR EACH 10 PERSONS OF THE RATED 

CAPACITY 



ALL OTHER DISTRICTS - ONE FOR EACH FOUR PERSONS OF THE 
^ RATED CAPACITY 

^'" 

13: SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

'-ji; shall take effect on the 30th day after the date of its 

\mm0i- enactment. 

pi 
rjf Approved June 22, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 289 

(Council Bill Mo. 407) 

AN ORDINANCE concerning 

ALLEYS AND FOOTWAYS 

FOR the purpose of providing for a credit in the assessments for 
paving and repaving of alleys and footways if the homeovmer 

212 



Ord. No. 290 



received a homeowners property tax credit in the previous fiscal 
year. 

BY adding 

Article 26 - Streets and Highways 

To come under the new subtitle "Credits for Certain 

Assessments" 
Section llA 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 26 - STREETS AND HIGHWAYS 

CREDITS FOR CERTAIN ASSESSMENTS 

llA. WHEN CREDITS APPLY. 

A PROPERTY OWNER WHO RECEIVES A STATEMENT OF ASSESSMENTS 
FROM THE DIRECTOR OF PUBLIC WORKC COMMISSIONER OF THE DEPARTMENT 
OF TRANSPORTATION FOR THE GRADING, PAVING, OR REPAIRING OF AN 
ALLEY OR FOOTWAY MA¥ SHALL BE ELIGIBLE FOR A CREDIT ON THE AMOUNT 
ASSESSED IF THE PROPERTY OWNER RECEIVED A HOMEOWNERS PROPERTY TAX 
CREDIT IN THE FISCAL YEAR IMMEDIATELY PREVIOUS TO THE YEAR IN 
WHICH THE ASSESSMENT STATEMENT IS RECEIVED. THE CREDIT PROVIDED 
BY THIS SECTION SHALL RECULT IN A REDUCTION OF THE ACCECCMENT 
EQUAL TO THE CAME PERCENTAGE REDUCTION THAT WAS APPLIED TO THE 
HOMEOWlfER'C PROPERTY TAX U}fDER THE PROPERTY TAX CREDIT rROVIGIONC 

OF TITLE Q, SUBTITLE 1, OF THE TAX PROPERTY ARTICLE OF THE 

ANNOTATED CODE OF MARYLAND. BE EQUIVALENT TO THE SAME PERCENTAGE 
THAT THE HOMEOWNER'S PROPERTY TAX CREDIT PROVIDED FOR IN TITLE 9. 
SUBTITLE 1. OF THE TAX-PROPERTY ARTICLE OF THE ANNOTATED CODE OF 
MARYLAND. BEARS TO THE TOTAL REAL PROPERTY TAX BILL. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 60th day after the date of its 
enactment. 

Approved June 22, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 290 
(Council Bill No. 408) 
AN ORDINANCE concerning 

FOOTWAYS - DEFERRED PAYMENTS ON REPAIRS 
213 



Ord. No. 290 

FOR the purpose of providing that payments for the cost of 

repaving or repairing footways may be made over a 5 year 
period. 

BY repealing and reordaining with amendments 
Article 26 - Streets and Highways 
Subtitle - Footways 
Section 29 
Baltimore City Code (1983 Replacement Volume, as amended) 

'■ BY adding 

^u Article 26 - Streets and Highways 

Subtitle - Footways 
Section 29A 
iC! Baltimore City Code (1983 Replacement Volume, as eunended) 

it: 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 26 - STREETS AND HIGHWAYS 

^ Footways 

29. Assessments on property. 

•^ Upon the completion of the work of grading, paving, repaving 

'^ or repairing any footway, or part thereof, as provided in Section 

2 6 hereof, the Dircctop of Public Works COMMISSIONER OF THE 
r DEPARTMENT OF TRANSPORTATION shall determine and record in his 

office the fact that such grading, paving, repaving and repairing 
has been done and the date when same was completed, and the total 
J^.^ expense of doing the work, including the expense reasonably 

•3: incurred by the Direetop of Public Works COMMISSIONER OF THE 

.'^1 DEPARTMENT OF TRANSPORTATION in ascertaining the names of the 

^m'- owners of the property abutting upon the footway so graded, 

I""*? paved, repaved or repaired, and the names of said abutting 

^0 property owners, with the respective areas of the work done at 

each property for which such property or the owner thereof is to 
be assessed, and the total amount proposed to be assessed against 
each of said abutting properties and the owners thereof for said 
work. Thereupon the said Director of Public Works COMMISSIONER 
OF THE DEPARTMENT OF TRANSPORTATION shall publish a notice in two 
of the daily newspapers of Baltimore City, stating that such 
footway has been graded, paved, repaved or repaired, as the case 
may be, giving the location thereof and stating that the 
Department of Public Works TRANSPORTATION will hear any owner of 
property abutting thereon in reference to his liability for the 
whole or part of the cost of such work, within ten days after 
publication of said notice. The Department of Public Works 
TRAN S PORT AT I ON shall hear any such owner who may desire to be 
heard within said ten days and, after the expiration of said ten 
days, shall assess the entire cost incurred by the Direct o r o f 

214 



C 



I 



Ord. No. 290 

Public Works COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION in 
doing said work, together with the expense of said notice by 
publication, upon all owners of property abutting upon said 
footway upon which said work was done, in proportion to the 
amount of work done at each of said properties. The owner of any 
property upon which any such assessment in question is levied 
may, within twenty days of the mailing to him of notice of such 
assessment, bring such assessment to the Board of Municipal and 
Zoning Appeals for review by it, in accordance with [the subject 
to] the provisions of the City Charter as amended, and with right 
of appeal to the Baltimore City Court CIRCUIT COURT FOR BALTIMORE 
CITY as provided in said Charter. After the expiration of said 
twenty days, the Department of Public Works TRANSPORTATION shall 
report the assessments so made to the Director of Finance, who 
shall proceed to collect the same in the same manner as taxes 
upon real estate are collected. Said assessments shall be liens 
upon the property, the owners of which are so assessed, from the 
date of the completion of the work for which such assessments are 
made, subject, as to any party who may have appealed, to the 
final determination of the Board of Municipal and Zoning Appeals, 
or the Court or Jury upon such appeal. In the event such 
assessment is sustained in whole or in part by the said Board, 
Court or Jury, the lien shall relate back to the time of 
completing the work. [Said assessments shall be due and payable 
as soon as reported to the Director of Finance, and may be paid 
to the Director of Finance without interest at any time prior to 
six months after the first of the month succeeding the date of 
such report; and unless paid within that time shall thereafter 
bear interest.] SAID ASSESSMENTS SHALL BE DUE AND PAYABLE AS 
SOON AS REPORTED TO THE DIRECTOR OF FINANCE, AND MAY BE PAID IN 
DEFERRED PAYMENTS AS PROVIDED IN SECTION 4- 29A HEREIN. THIS 
ELECTION, WITH THE FIRST INSTALLMENT, MUST BE MADE PRIOR TO THE 
INTEREST DATE AND MAY ALSO BE PAID IN FULL, WITHOUT INTEREST, AT 
ANY TIME PRIOR TO THIRTY DAYS AFTER THE FIRST OF THE MONTH 
SUCCEEDING THE DATE OF SUCH REPORT TO THE DIRECTOR OF FINANCE, 
AND UNLESS PAID WITHIN THAT TIME, SHALL THEREAFTER BEAR INTEREST 
UNTIL PAID IN FULL. The Director of Finance shall have the same 
remedies for the collection of said assessments and intercot^ 
INTEREST AND PENALTIES as are provided by law or ordinance for 
the collection of ordinary taxes upon real estate . AND HE MAY USE 
THESE REMEDIES UPON DEFAULT OF ANY ONE ANNUAL PAYMENT. SAID 
DEFAULT SHALL CAUSE THE WHOLE OF THE REMAINDER OF THE AMOUNT SO 
ASSESSED AND YET UNPAID. TO BE DUE AND OWING . 

29A. DEFERRED PAYMENTS. 

WHENEVER ANY FOOTWAY OR PART THEREOF SHALL BE GRADED, PAVED, 
REPAVED OR REPAIRED BY THE CITY , THE DIRECTOR OF PUBLIC WORKS 
COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION MAY PROVIDE A 
STATEMENT OF ASSESSMENTS THAT THE PAYMENT OF THE AMOUNT SO 
ASSESSED . PROVIDED IT IS FOR MORE THAN SlOO. MAY, AT THE OPTION 
OF THE OWNERS OF THE RESPECTIVE LOTS OF GROUND ASSESSED, BE MADE 
IN EQUAL ANNUAL PAYMENTS, PLUS INTEREST, ON THE UNPAID BALANCE OF 
SAID AMOUNT AS SAID DIRECTOR OF PUBLIC WORKS COMMISSIONER OF THE 

215 



Ord. No. 291 

DEPARTMENT OF TRANSPORTATION. WITH THE CONCURRENCE OF THE BOARD 
OF ESTIMATES, MAY DEEM JUST AND PROPER OVER SUCH DEFINITE PERIOD 
OF TIME AS THE DIRECTOR OF PUBLIC WORI^G COMMISSIONER OF THE 
DEPARTMENT OF TRANSPORTATION SHALL DETERMINE, NOT TO EXCEED FIVE 
YEARS FROM THE DATE OF THE DELIVERY OF THE STATEMENT AFORESAID TO 
THE DIRECTOR OF FINANCE; AND THE ASSESSMENTS SO MADE SHALL BE AND 
CONTINUE LIENS ON THE RESPECTIVE LOTS OF GROUND FROM THE DATE OF 
COMPLETION OF THE CONTRACT OR PORTION THEREOF FOR THE GRADING, 
PAVING, REPAVING OR REPAIRING OF SUCH FOOTWAY, OR PART THEREOF, 
UNTIL PAID. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
'' shall take effect on the 60th day after the date of its 

enactment. 

./"' Approved June 22, 1989 



r 



3: 



f 

t' CITY OF BALTIMORE 

C 



KURT L. SCHMOKE, Mayor 



ORDINAMCE MO. 291 
(Council Bill MO. 449) 

]7 AN ORDINANCE concerning 

U ZONING CODE - TATTOO PALORS 

FOR the purpose of adding tattoo parlors to the list of 
f* conditional uses in the &-* B-3 through B-5 Districts. 

C BY adding 

•^ji Chapter 6 - Business Districts 

Section 6.2 - le - lO 6.3-lc-12 

Baltimore City Code (1983 Replacement Volume, as amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
^ ., BALTIMORE, That Section(s) of the Baltimore City Code (1983 

^ Replacement Volume, as amended) be added, repealed, or amended, 

to read as follows: 

ARTICLE 30 - ZONING 

Chapter 6 - Business Districts 

^^-2 — D 2 CoBUBunity Duoincoo Diotriet 
6.3 B-3 Community Commercial District 

1. Use regulations 

c. Conditional uses. 

•i«T i2_s. TATTOO PARLORS 

216 



Ord. No. 292 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved June 22, 1989 

Kurt L. Schmoke, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 292 

(Council Bill No. 456) 

AN ORDINANCE concerning 

REPEAL OF A NURSING HOME ORDINANCE 

FOR the purpose of repealing Ordinance No. 467, approved November 
8, 1973, which authorized a nursing home at 1615 Park 
Avenue . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 467, approved November 8, 1973, is 
hereby repealed and the authorization for a nursing home therein 
provided, is hereby rescinded. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 22, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 293 
(Council Bill No. 562) 

AN ORDINANCE concerning 

FEE FOR EXAMINING SUBDIVISION PLANS 

FOR purpose of authorizing the Planning Commission to establish 
fees for examination of subdivision plans. 

BY repealing and reordaining with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 

Subtitle - Planning Commission 

Section 71 

Baltimore City Code (1983 Replacement Volume, as amended) 



217 



Ord. No. 294 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as aunended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

Planning Commission 

71. Fee for examination of subdivision plan. 

' [There is hereby imposed a charge in the amount of Two 

Hundred and Seventy-five Dollars ($275.00)] THE DEPARTMENT OF 
PLANNING, WITH THE APPROVAL OF THE BOARD OF ECTIMATEG CITY 
{C'2 COUNCIL OF BALTIMORE . MAY ESTABLISH AND IMPOSE CHARGES for [each] 

^^"' subdivision [plan] PLANS, as defined in Article VII, Section 79 

I*" of the Charter of Baltimore City (1964 Revision) , submitted to 

• the Planning Commission for examination and action by it, to 

* defray the cost and expenses incident to said examination and 

I action. Said charge shall be paid at the time a subdivision plan 

C is first filed with the Department of Planning in the usual 

f course of business, and payment may be made either in cash or by 

certified check made payable to the Director of Finance of 
^ Baltimore. Said charge shall not be refunded in whole or in 

part, under any circumstances. 

;: SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

i- shall take effect on the 30th day afteg the date of its 

'^ enactment . 

f Approved June 23, 1989 

*: KURT L. SCHMOKE, Mayor 

?^:..: 

1^: CITY OP BALTIMORB 

;;^*;;:: ordinance NO. 294 

|^^>< (Council Bill Mo. 364) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR the purpose pf granting permission for the establishment, 

maintenance and operation of an open off-street parking area 
on the properties known as 2001 2005 -2009 Maryland Avenue, 
as outlined in red on the amended plats accompanying this 
ordinance. 

BY authority of 

Article 30 - Zoning 

Section (s) 9.0-3d and 11.0-6d 



1 



218 



Ord. No. 295 



Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street 
parking area on the properties known as 2001 2005 -2009 Maryland 
Avenue, as outlined in red on the amended plats accompanying 
this ordinance, under the provisions of Section (s) 9.0-3d and 
11.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 295 

(Council Bill No. 472) 

AN ORDINANCE concerning 

CITY PROPERTY - OPENING, WIDENING, GRADING, CONSTRUCTION AND 
MAINTENANCE OF MONROE STREET AND WILKENS AVENUE. 

FOR the purpose of authorizing the acquisition by purchase or 

condemnation by the Mayor and City Council of Baltimore of 
the fee simple interests or such other interests as the 
Commissioner of The Department of Transportation may deem 
necessary or sufficient, in and to certain pieces or parcels 
of land situate in Baltimore City, for highway purposes, 
namely for the opening, widening, grading, construction and 
maintenance of 1) Monroe Street at the intersection of 
Monroe Street and Cole Street and 2) Wilkens Avenue at the 
west side of Monroe Street and authorizing the acquisition 
by purchase or condemnation of any property, rights, 

219 



Ord. No. 295 

interests, easements and/ or franchises necessary in the 
opening, grading, construction and maintenance of said 
Monroe Street and Wilkens Avenue; and authorizing the making 
of all necessary agreements concerning said Monroe Street 
and Wilkens Avenue; and authorizing the construction of said 
Monroe Street and Wilkens Avenue; the location and course 
being shown on plats thereof numbered G-038, filed in the 
office of the Interstate Division for Baltimore City on the 
Twelfth (12th) day of December in the year of 1985, 117-D-43 
filed in th^ office of the Director of the Department of 
Public Works on the Twenty-first (21st) day of September in 
; the year of 1987 and 117-D-45, filed in the office of the 

' Director of the Department of Public Works on the Twenty- 

second (22nd) day of September in the year of 1987, prepared 
by the Surveys and Records Division of The Department of 
':; Public Works. 

<: 

f BY authority of 

f' Article I - General Provisions 

j" Section - 4 

^ Article II - General Powers 

^. Section - 2 

* Baltimore City Charter (1964 Revision, as amended) . 



•* SECTION 1. Be it ordained by the Mayor and City Council of 

"" Baltimore, That it is necessary to acquire by purchase or 

C condemnation for public highway purposes, namely, for the 

J opening, widening, grading, construction and maintenance of 1) 

^ Monroe Street at the intersection of Monroe Street and Cole 

Street and 2) Wilkens Avenue at the west side of Monroe Street; 

m- ■ the fee simple interests or such other interests as the 

lU Commissioner of the Department of Transportation may deem 

[^V necessary in and to the pieces or parcels of land, situate in 

** J I Baltimore City, including the improvements thereon, bounded as 

^^"! follows: 

'^l 1) Beginning for the same at the point formed by the 

"^^"''' intersection of the south side of Cole Street, 66 feet wide, and 

r '^ t^® east side of Monroe Street, 66 feet wide, said point of 

O' beginning being the beginning of the first parcel of land 

conveyed by Corinto V. Doster to Cor into V. Doster and Carol 
Doster, his wife, etal, by deed dated December 6, 1983 and 
recorded among the Land Records of Baltimore City in Liber S.E.B. 
No. 210, Folio 871 and running thence binding on the east side of 
said Monroe Street and on part of the first line of the first 
parcel of land described in said deed, there situate, as now 
surveyed. South 02'' -33 '-15" East 69.16 feet to a point distant 
North 02° -33 '-15" West 16.84 feet from the end of said first 
line; thence binding on the east side of Monroe Street, as 
widened on the east side thereof. North 10"^ -31 '-44" East 71.01 
feet to intersect the south side of said Cole Street and thence 
binding on the south side of said Cole Street and on part of the 
last line of the first parcel of land described in said deed, to 

220 



Ord. No. 295 



the end thereof, there situate, as now surveyed, South 87 -24'- 
4 5" West 16.07 feet to the place of beginning. 

Containing 555.91 square feet of land. 

In addition a 5 foot wide adjoining strip of land as shown 
on the plat numbered G-038 and labeled "Temporary Construction 
Easement" . 

2) Beginning for the same at the point formed by the 
intersection of the northwest side of Wilkens Avenue, 100 feet 
wide and the west side of Monroe Street, 66 feet wide, said point 
of beginning being the beginning of the second parcel of land 
conveyed by The Ezrine Tire Company to Ezrine Brothers by deed 
dated May 2, 1966 and recorded among the Land Records of 
Baltimore City in Liber J.F.C. No. 2076, Folio 391 and running 
thence binding on the west side of said Monroe Street and on part 
of the first line of the second parcel of land described in said 
deed, there situate. Northerly 47.6 feet, more or less, to the 
west side of Monroe Street, as realigned and widened on the west 
side thereof, from its former width of 66 feet to a varying 
width; thence binding on the west side of last said Monroe 
Street, the two following courses and distances; namely. South 
06^ -23 '-55" West 36.4 feet, more or less, and by a line curving 
to the right with a radius of 16.00 feet the distance of 19.41 
feet which arc is subtended by a chord bearing South 32" -09'- 
42.5" West 18.25 feet to the northwest side of Wilkens Avenue, as 
realigned and widened on the northwest side thereof, from its 
former width of 100 feet to a varying width; thence binding on 
the northwest side of last said Wilkens Avenue, South 60^-07 '-40" 
West 19.8 feet, more or less, to intersect the northwest side of 
Wilkens Avenue mentioned firstly herein and thence binding in 
part on part of the first line of the first parcel of land 
described in said deed, to the end thereof, in part on the last 
line of the second parcel of land described in said deed, and in 
all, on the northwest side of Wilkens Avenue, mentioned firstly 
herein Northeasterly 35.7 feet, more or less, to the place of 
beginning. 

Containing 242 square feet of land, more or less. 

In addition a 5 foot wide adjoining strip of land as shown 
on the plat numbered 117-D-43 and labeled "Temporary Construction 
Easement" . 

3) A 5 foot wide strip of land as shown on the plat numbered 
117-D-45 and labeled "Temporary Construction Easement". 

All courses and distances in the above descriptions are 
referred to the true meridian as adopted by the Baltimore Survey 
Control System. 

Including all property, rights, interests, easements and/or 
franchises necessary for the opening, widening, grading, 

221 



Ord. No. 295 

construction and maintenance of said Monroe Street and Wilkens 
Avenue, the location and course of said Monroe Street and Wilkens 
Avenue being shown on plats thereof numbered G-038, filed in the 
office of the Interstate Division for Baltimore City on the 
Twelfth (12th) day of December in the year of 1985, 117-D-43 
filed in the office of the Director of the Department of Public 
Works on the Twenty-first (21st) day of September in the year of 
1987 and 117-D-4 5 filed in the office of the Director of the 
Department of Public Works on the Twenty-second (22nd) day of 
September in the year of 1987, prepared by the Surveys and 
''^'„ Records Division of The Department of Public Works. 

Any mention or reference to any streets, roads, avenues, 
highways or alleys in this Ordinance or on the plats referred to 
<C|;; herein are for the purpose of description only, and shall not be 

i^' held or taken to be any evidence whatever that said streets, 

I' roads, avenues, highways, alleys or any of them, are public, 

r dedicated or private thoroughfares. 



' SECTION 2. AND BE IT FURTHER ORDAINED, That the Commissioner 

^ of The Department of Transportation or the person or persons the 

f Board of Estimates of Baltimore City may hereafter from time to 

time designate, is or are hereby authorized to acquire on behalf 
^ of the Mayor and City Council of Baltimore, and for the purposes 

- described in this Ordinance, the fee simple interests or such 

;: other interests as the said Commissioner may deem necessary or 

,. sufficient, in and to said pieces or parcels of land and 

^ improvements thereupon, including all property, rights, 

interests, easements and/ or franchises necessary for the opening, 
widening, grading, construction and maintenance of said Monroe 
r Street and Wilkens Avenue. If the said Commissioner of The 

#-«^ Department of Transportation, or person or persons the Board of 

^:Iw Estimates of Baltimore City may designate are unable to agree 

5^*^ with the owner or owners on the purchase price of any of the said 

*'' pieces or parcels of land and improvements thereupon or for any 

'j^j'i of the said properties, rights, interests, easements and/ or 

I—-;; franchises, they shall forthwith notify the City Solicitor of 

|"1f'| Baltimore City who shall thereupon institute in the name of the 

(^^^! Mayor and City Council of Baltimore the necessary legal 

proceedings to acquire by condemnation the fee simple interests 
or such other rights, interest, easements and/ or franchises as 
the said Commissioner may deem necessary or sufficient for the 
purposes of the Monroe Street Project. 

SECTION 3. AND BE IT FURTHER ORDAINED, That the proceedings 
for the acquisition by condemnation of the property and rights 
herein described and the rights of all parties interested or 
affected thereby shall be regulated by and be in accordance with 
the provisions of The Real Property Article of the Annotated Code 
of Maryland (1974), Title 12, Section 101 Et Seq. and any and all 
amendments thereto. 

SECTION 4. AND BE IT FURTHER ORDAINED, That the said 
Commissioner of The Department of Transportation or person or 

222 



Ord. No. 296 



persons the Board of Estimates of Baltimore City may designate 
are also hereby authorized to negotiate for and to enter into in 
the name of the Mayor and City Council of Baltimore, any and all 
necessary agreements with the Federal and State Governments, or 
any of their agencies, and any other persons, firms or 
corporations, in aid of, in furtherance of, or in connection with 
said Monroe Street Project; all such acquisitions and agreements 
to be subject to the approval of the Board of Estimates. 

SECTION 5. AND BE IT FURTHER ORDAINED, That after the 
necessary agreements have been made and the necessary properties, 
lands, rights, easements and/ or franchises have been acquired as 
hereinbefore provided, the Commissioner of The Department of 
Transportation of Baltimore City is hereby authorized and 
directed to construct or cause to be constructed the said Monroe 
Street Project, all in accordance with detailed plans hereafter 
to be prepared therefor and after said plans have been approved 
by the said Commissioner of the Department of Transportation. 

SECTION 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINAMCE NO. 296 

(Coiuicil Bill No. 473) 

AN ORDINANCE concerning 

URBAN RENEWAL - INNER HARBOR PROJECT I - 
AMENDMENT NO. 15 

FOR the purpose of amending the Inner Harbor Project I Urban 

Renewal Plan to 1) revise the controls for Development Area 
4 to accommodate additional development; 2) waive such 
requirements, if any, as to content or procedure for the 
preparation, adoption and approval of urban renewal plans as 
set forth in Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended,) which the Urban Renewal 
Plan for Inner Harbor Project I Area may not meet; 3) 
provide for the separability of the various parts and 
application of this Ordinance; 4) provide that where this 
Ordinance conflicts with any other ordinance, code or 
regulation in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and 5) 
provide for an effective date hereof. 



223 



Ord. No. 296 

By Authority 

Article 13 - Housing and Urban Renewal 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, An Urban Renewal Plan for Inner Harbor Project I 
was originally approved by Ordinance 104 5 approved June 15, 1967, 
and amended by Ordinance 244, approved July 23, 1968, Minor Plan 
Amendment, approved Junfe 4, 1969, Ordinance 658, approved 
December 18, 1969, and Ordinance 827, approved June 18, 1970, by 
Minor Plan Amendment, approved December 15, 1971, by Minor 
Amendment, approved January 23, 1974, by Ordinance 986, approved 
,•• September 15, 1975, by Ordinance 611, approved February 8, 1978, 

•"' and by Minor Amendment approved March 7, 1979, by Ordinance 1077, 

approved June 20, 1979, and by Minor Amendment, approved January 
.--' 14, 1981, by Minor Amendment, approved February 15, 1984, by 

i? Minor Amendment approved May 16, 1984, and by Minor Amendment, 

^'l approved May 8, 1985; and 

f' WHEREAS, Pursuant to Article 13 of the Baltimore City Code 

(' (1983 Replacement Volume, as amended) , no substantial change or 

^ changes shall be made in any renewal plan, after approval by 

ordinance, without such change or changes first being adopted and 
approved in the same manner as set forth in said Article 13 for 
the approval of a urban renewal plan, namely the preparation of 
such change or changes by the Department of Housing and Community 
Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adoption 
by an ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner set forth 
in said Article 13,; and 

WHEREAS, Said Amendment No. 15 to the Urban Renewal Plan for 
Inner Harbor Project I has been approved by the Director of the 
department of Planning with respect to its conformity as to the 
Master Plan, the detailed location of any public improvements 
proposed in the Amended Urban Renewal Plan, its conformity to the 
»-; rules and regulations for subdivision, and its conformity to 

existing zoning districts; and said amended Urban Renewal Plan 
has been approved and recommended to the Mayor and City Council 



r 



3: 



n: 



CJ* * of Baltimore by the Commissioner of the Department of Housing and 

Community Development; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the amended Urban Renewal Plan for Inner Harbor 
Project I (hereinafter referred to as "the Amended Plan") , and 
set forth in Section 2 hereby having been duly reviewed and 
considered is hereby approved and the Clerk of the City Council 
is hereby directed to file a copy of said Amended Urban Renewal 
Plan with the Department of Legislative Reference as a permanent 
public record and to make the same available for public 
inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the amendments and 
changes having been reviewed and considered as part of the 

224 



Ord. No. 296 

aforesaid complete Amended Urban Renewal Plan, are fully set 
forth, as follows: 

(1) On page 99^ 13 of the Urban Renewal Plan in 
Section P, Development Area Controls , delete the controls for 
Development Area 4 and insert in lieu thereof the following: 

" DEVELOPMENT AREA 4 

A. General Use: Commercial - Residential 

B. Building Requirements: 

i. Maximum Permitted Height: Elevation 385 feet, — "n 

except for such vertical circulation elements, 
mechanical equipment enclosures and structural or 
decorative elements as may be approved by the 
Department . 

ii. Minimum Maximum Permitted Coverage: 

Up to Grade - 100% 

Between Grade and Elevation 110 feet - 100% 

Between Elevation 110 feet and Elevation 170 feet 

- 65% 
Between Elevation 170 feet and Elevation 385 feet 

- 25% 

iii. Setbacks: No setback is permitted on the south 
property line. 

iv. Vehicular Access: No access permitted from 
Development Area 3 . 

V. Parking: -No parking permitted on the Pratt Street 
Area 3 frontage or the Light and Calvert 
Street frontages within 160 feet of the "^ 

south property line of Area 4 . "; 

vi. Landscape Treatment /Fenestration: Garage walls on "^ 

Lombard, Calvert, Light Street at J 

sidewalk level shall have landscaping 
and fenestration treatment acceptable to 
the Department . •* 

SEC. 3. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this Ordinance, or the 
application thereof to any person or circumstances is invalid, 
the remaining provisions and the applic2ation of such provisions 
to other persons or circumstances shall not be affected thereby, 
the Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this Ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, or 
the application thereof so held invalid. 

225 



Ord. No. 297 



c 

r 

r 

r 
c 
r 



SEC. 4. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this Ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, 
plumbing, health, fire or safety ordinance or code or regulation, 
the applicable provisions concerned shall be construed so as to 
give effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision which 
establishes the higher standard for the promotion of the public 
health and safety shall prevail. In any case where a provision 
of this Ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard for 
the promotion and protection of the public health and safety, the 
provision of this Ordinance shall prevail, and the other existing 
provision of such other ordinance or code or regulation is hereby 
repealed to the extent that it may be found in conflict with this 
Ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 



Approved June 26, 1989 



KURT L. SCHMOKE, Mayor 



ENROLLED COPY 



CITY OF BALTIMORE 



r 

c ■ 

5:; 



ORDINANCE NO. 297 
(Council Bill Mo. 497) 

AN ORDINANCE concerning 

FRANCHISE - PEDESTRIAN BRIDGE CONNECTING 
OFF-STREET PARKING LOT TO SINAI HOSPITAL CAMPUS 

FOR the purpose of granting permission and authority to Sinai 

Properties, Inc. to construct, maintain and use a pedestrian 
bridge over Greenspring Avenue, and lying approximately 
equidistant between Cylburn Avenue on the south and West 
Belvedere Avenue on the north, said pedestrian bridge to 
connect a proposed off-street parking lot at 5001-5101 
Greenspring Avenue to a visitors parking lot on the Sinai 
Hospital Campus. 



SECTION 1 . BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission and authority be and the same are 
hereby granted to Sinai Properties, Inc. and to its successors 
and assigns, hereinafter referred to as "Grantee", to construct, 
maintain and use, at its own cost and expense, for a period of 
twenty-five (25) years and subject to the renewal provisions in 
this ordinance, the following described structure: 



226 



Ord. No. 297 



Over the bed of Greenspring Avenue between Cylburn Avenue 
and West Belvedere Avenue, as hereinafter more particularly 
described: 

A concrete bridgeway one story high above and across 
Greenspring Avenue to serve as a convenience connection between 
the proposed off-street parking lot to be constructed at 5001- 
5101 Greenspring Avenue and the Sinai Hospital campus, beginning 
at approximately fifty-five feet north of the most eastern corner 
of the easternmost wing of Sinai Hospital and extending in an 
easterly direction, across the entire width of Greenspring 
Avenue, for a total length of approximately one hundred ninety 
feet. The bridge shall be approximately twelve (12) feet wide, 
and the lowest part of said bridge shall be not less than 
eighteen (18) feet above the surface of Greenspring Avenue. 

The franchise shall cross the west curb line of Greenspring 
Avenue at a point eight hundred and ninety hundredths (800.90) 
feet, measured in a northwesterly direction on the southwest side 
of Greenspring Avenue from the intersection of the southwest side 
of Greenspring Avenue with the north side of Cylburn Avenue. 

SEC. 2. AND BE IT FURTHER ORDAINED, Said bridge shall be 
constructed in all respects in accordance with the Building Code 
of Baltimore City and shall be completed and maintained under the 
supervision and to the satisfaction of the Commissioner, 
Department of Housing and Community Development of Baltimore 
City, and shall be at all times hereafter, subject to regulation 
and control by the said Commissioner. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the Mayor and City 
Council of Baltimore hereby expressly reserve the right and power 
at all times to exercise, in the interest of the public, full 
municipal supervision, regulation and control in respect to all 
matters connected with this Grant, and not inconsistent with the 
terms thereof, 

SEC. 4. AND BE IT FURTHER ORDAINED, That the franchise or 
right granted by this ordinance shall be executed and enjoyed 
within six (6) months after the grant. 

• SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall maintain the said bridge in 
good condition throughout the full term of this Grant, so long as 
said bridge remains above said street. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its successors and assigns, shall pay to the said Mayor and City 
Council of Baltimore as compensation for the franchise or 
privilege hereby granted the sum of $8 . 550. 00 per year, payable 
in advance during the continuation of this franchise or 
privilege, provided, however, that the Mayor and City Council of 
Baltimore acting by and through the Board of Estimates, may 
increase or decrease the franchise charge payable by the Grantee 

227 



r 



r 



Ord. No. 297 



under the provisions hereof subject to the provisions of section 
12 herein. 

SEC. 7. AND BE IT FURTHER ORDAINED, That in the event of 
non-compliance by Grantee of the terms or conditions of this 
grant and the failure of Grantee to correct such non-compliance 
within thirty (30) days, or within such longer period of time as 
may be reasonably necessary provided that compliance shall have 
been commenced within such thirty (30) day period and diligently 
prosecuted, then and in such event at the option of the Mayor and 
City Council of Baltimore, exercise by %n:itten notice to Grantee, 
this franchise shall thereupon be and become void, and that 
nothing short of an ordinance of the Mayor and City Council of 
Baltimore shall operate as a waiver of any forfeiture of the 
grant hereby made. 



I 



''■ SEC. 8. AND BE IT FURTHER ORDAINED, That the Mayor of 

Baltimore City shall have the right to revoke, the rights and 
I" privileges hereby granted when, in his judgment, the public 

/ interest, welfare, safety, or convenience, requires such 

revocation and upon written notice to that effect from the Mayor 
and Baltimore City served upon the Grantee, all such rights under 
shall cease and terminate. 



SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of 
revocation, forfeiture, or termination of the rights and 
privileges by this Ordinance granted, the said Grantee, its 
successors and assigns shall, at their expense, promptly bar 
access to said bridge in a manner satisfactory to the 
Commissioner, Department of Housing and Community Development, 
without any compensation to the Grantee, its successors and 
^\ assigns. 

H^X SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee, 

<^*^ its successors and assigns, shall be liable for and shall 

U^L . indemnify and save harmless the Mayor and City Council of 

'TL'Z Baltimore from and against any and all suits, losses, costs, 

r^'^ claims, damages, or expenses to which the said Mayor and City 

Cj* ' Council of Baltimore may, from time to time be subjected on 
account of, by reason of, or in any way resulting from: 

A. The presence, construction, use, operation, 
maintenance, alteration, repair, location, relocation, or removal 
of said pedestrian bridge; and 

B. Any failure on the part of said Grantee, its 
successors and assigns, to perform, properly and promptly, any of 
the duties or obligations imposed upon it or them by the terms 
and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That said Grantee shall 
bear all costs incurred in the course of strengthening or 
encasing in concrete any structures belonging to the Mayor and 
City Council of Baltimore located in said street, in or adjacent 

228 



Ord. No. 298 



to the space to be occupied by said bridge as required by sound 
engineering practices, and shall also bear all costs of 
relocating any surface structures belonging to the City made 
necessary by the construction of said bridge, the judgment of the 
Director of Public Works as to the necessity of relocating any 
structures to be final. 

SEC. 12. AND BE IT FURTHER ORDAINED, That the Mayor and 
City Council of Baltimore hereby expressly reserves the right and 
power, at all times, to exercise, in the interest of the public, 
the full municipal superintendence, regulation and control in 
respect to all matters connected with this grant, and not 
inconsistent with the terms thereof. The franchise herein 
granted shall be held, exercised and enjoyed for a period of 
twenty-five (25) years from the effective date of this ordinance, 
with the further right to the Grantee to five (5) five year 
renewals of the franchise, upon the same terms and conditions as 
the original twenty-five (25) year grant, except as otherwise 
provided herein. Each five (5) year renewal period shall take 
effect immediately upon the expiration of the original or renewal 
term then in force, without any action being taken on behalf of 
either the Mayor and City Council of Baltimore or the Grantee €er 
the oua of p er v e€tg. Provided, that the Mayor and City 

Council of Baltimore, acting by and through the Board of 
Estimates, may increase or decrease the franchise charge payable 
by the Grantee under the provisions hereof, by giving written 
notice to that effect to the Grantee at least one hundred fifty 
(150) days prior to the expiration of the original twenty-five 
(25) year term granted and then in effect; any such increase or 
decrease of said franchise charged to be operative as to all 
renewal terms herein granted which become effective after any 
increase or decrease in said franchise charge has occurred. 
Provided, further, that either the Mayor and City Council of 
Baltimore, acting by and through the Director of Public Works, or 
the Grantee may terminate the franchise granted herein by giving 
written notice to that effect to the other at least ninety (90) 
days prior to the expiration of the original twenty-five (25) 
year term granted herein or any five (5) year renewal term herein 
granted and then in effect. 

SEC. 13. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 298 

(Council Bill No. 506) 



229 



Ord. No. 298 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION - 
OFFICE OF CABLE AND COMMUNICATIONS 

FOR the purpose of providing a supplementary special fund 

operating appropriation in the amount of Fifty Thousand 
Dollars ($50,000) to the Office of Cable and Communications 
(Cable and Communications Coordination - Prograun 572) to 
provide operating expenses for the Mayor's Cable Advisory 

•- Committee. 

••'^ 

' By authority of 

Article VI - Board of Estimates 
{(^ Section 2(h) (2) 

t*^ Baltimore City Charter (1964 Revision, as amended) 

' WHEREAS, The money appropriated represents Interest Earnings 

I -Public Usage Grant which could not be expected with reasonable 

r certainty at the time of the formulation of the proposed 

£ Ordinance of Estimates for the fiscal year ending June 30, 1989 

r- in accordance with Article VI, Section 2(h)(2) of the Baltimore 

City Charter (1964 Revision, as amended); and 

^ WHEREAS, This supplementary special fund operating 

* appropriation has been recommended to the City Council by the 

•^ Board of Estimates at a regular meeting of the Board held on the 

^ 22nd day of February, 1989, all in accordance with Article VI, 

•^ Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 

amended) . 

-;;•* SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

C'^ BALTIMORE, That under the provisions of Article VI, Section 

•JaC 2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 

■-f--: amended, the sum of Fifty Thousand Dollars ($50,000) shall be 

dm*." made available to the Office of Cable and Communication (Cable 

1^)- and Communications Coordination - Program 572) of the City of 

Baltimore as a supplementary special fund operating appropriation 
for the fiscal year ending June 30, 1989, to provide operating 
expenses for the Mayor's Cable Advisory Committee. The amount 
thus made available as a supplementary special fund operating 
appropriation shall be expended from Interest Earnings - Public 
Usage Grant which could not be expected with reasonable certainty 
at the time of formulation of the fiscal 1989 Ordinance of 
Estimates, and said funds shall be the source of revenue for this 
supplementary special fund operating appropriation, as required 
by Article VI, Section 2(h)(2) of the Baltimore City Charter 
(1964 Revision as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 

230 






Ord. No. 299 

CITY OF BALTIMORE 
ORDINANCE NO. 299 
(Council Bill No. 517) 
AN ORDINANCE concerning 

ZONING CODE - PLANNED DEVELOPMENTS 

FOR the purpose of decreasing the minimum area required for 

planned developments in the B-1 District. t*'" 

-H 
BY repealing and reordaining with amendments 

Article 30 - Zoning 

Chapter 12 - Planned Developments 

Section 12.0-4b - 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING 

Chapter 12 - Planned Developments 

12.0-4 Business Planned Developments 

b. Bulk Regulations 

1. Area. In the B-1-1 District a minimum area of [three 

acres] ONE ACRE is required for the development. 

In the B-1-2 and B-1-3 Districts a minimum area of [two rj 

acres] ONE ACRE is required for the development. ^ 

In the B-2-1 District a minimum area of three acres is •' 

required for the development. 3 

In the B-2-2, B-2-3, and B-2-4 Districts a minimum area • 

of two acres is required for the development. J 

In the B-3-1 District a minimum area of three acres is *' 

required for the development. 

In the B-3-2 and B-3-3 Districts a minimum area of two 

acres is required for the development. 

In the B-4-1, B-4-2, B-5-1, and B-5-2 Districts a 

minimum area of two acres is required for the 

development. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 

231 



Ord. No. 300 

CITY 07 BALTIMORE 

ORDINAMCB MO. 300 

(Council Bill Mo. 519) 

AN ORDINANCE concerning 

FRANCHISE - BRIDGES OVER E. MONUMENT STREET 

•^!l FOR the purpose of granting permission and authority to The Johns 

l^<' Hopkins University, and its tenants, successors, and 

assigns, to construct, maintain and use two separate two- 

^ story enclosed bridgeways above and across East Monument 

1»- Street near the former Rutland Avenue, the center line of 

i{Z both bridgeways to be located approximately 484.5 feet east 

I-- of North Broadway and 371 feet west of North Wolfe Street. 

L BY authority 

' Article VIII- Franchises 

V Charter of Baltimore City (1964 Revision, as amended) 

r 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

m> BALTIMORE, That permission and authority be and the same hereby 

«. be granted to The Johns Hopkins University and its tenants, 

^ successors and assigns, (hereinafter collectively referred to as 

IT the "Grantee") to construct and maintain the bridgeways, at the 

■^ Grantee's own cost and expense, for a period not to exceed 

'^ twenty-five (25) years with renewals as provided for in Section 
3, Article VIII of the Charter of Baltimore City (1964 Revision, 

r'\ as amended) . One overhead bridgeway will connect the sixth and 

Ip " seventh floors of the Rutland Avenue Medical Research Building 

*- ]; (currently under construction) , which building is on the north 

J?^>* side of East Monument Street, with the fifth and sixth floors of 

^Z"^'-' the Blalock Building of The Johns Hopkins Hospital on the south 

•jl", side of East Monument Street; the upper structure will connect 

!^«« the tenth and eleventh floors of the Rutland Avenue Medical 

l^f Research Building (currently under construction) with the tenth 

f^fl and eleventh floors of the existing Blalock Building. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the center line of 
the two proposed bridgeways shall be located above East Monument 
Street, shall be located perpendicular to East Monument Street 
and it will be located 484.5 feet east of North Broadway and 371 
feet west of North Wolfe Street. The bridgeways are to be 69.7 
feet long, 18 feet wide, and two stories high. No part of the 
bridgeways shall be less than 60 feet above the surface of East 
Monument Street. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the construction 
and maintenance of the two bridgeways shall be in compliance with 
all applicable laws and regulations of Baltimore City. The 
installation and maintenance of the two bridgeways shall be under 
the supervision of the Grantee and shall be at all time hereafter 

232 



Ord. No. 300 

subject to the regulation and control by the Director of Public 
Works . 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain the bridgeways in good condition throughout the 
full term of this grant, so long as the bridgeways exist at the 
locations described herein. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the franchise 
herein granted shall be held, exercised, and enjoyed for a period 
not to exceed twenty-five years (25) from the effective date of 

this ordinance. ^^ 

— n 

SEC. 6. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall pay to the Mayor and City Council of Baltimore, as 
compensation for the franchise or privilege hereby granted, the 
sum of $7.906.50 per year, payable in advance during the ;■ 

continuance of this franchise or privilege; provided, however, 
that the Mayor and City Council of Baltimore, acting by and 
through the Board of Estimates, may increase or decrease the 
franchise charge payable by the Grantee under the provisions 
hereof, by giving written notice to that effect to the Grantee at 
least one hundred and fifty (150) days prior to the expiration of 
the first five (5) years of the term granted herein, or at the 
expiration of any subsequent five (5) year period of said term 
granted herein. Any such increase or decrease of said franchise 
charge to be effective at the beginning of the next succeeding 
five (5) year period of the term granted herein. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the Mayor and City 
Council of Baltimore hereby expressly reserves the right and 
power, at all times, to exercise, in the intereist of the public, 
full municipal superintendence, regulation and control in respect ^ 

to all matters connected with this grant, and not inconsistent ij 

with the terms hereof. ^ 

SEC. 8. AND BE IT FURTHER ORDAINED, That non-compliance by 7 

the said Grantee with any of the terms or conditions of the grant * 

hereby made shall, at the option of the Mayor and City Council of !j 

Baltimore, operate as a forfeiture of said grant; which * 

forfeiture shall cause this bill to be void, and nothing other 
than* an ordinance of the Mayor and City Council of Baltimore 
shall operate as a waiver of any forfeiture of the grant hereby 
made. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 
granted when, in his judgment, the public welfare or safety 
requires such revocation, and upon written notice served upon the 
Grantee hereunder, all rights under this ordinance shall cease 
and terminate. 



233 



Ord. No. 301 

SEC. 10. AND BE IT FURTHER ORDAINED, That in the event of 
any revocation, forfeiture, or termination for any reason 
whatsoever of the rights and privileges granted by this 
ordinance, and in the event of a proposed public improvement 
requiring said removal, the said Grantee hereunder shall, at its 
expense, remove the structure for which the franchise is herein 
granted in a manner satisfactory to the Director of Public Works, 
and such removal shall be made without any compensation to the 
Grantee and shall be completed within such reasonable time as 
specified in writing by the Director of Public Works. 

•;]■ 

l^r SEC. 11. AND BE IT FURTHER ORDAINED, That the said Grantee 

shall be liable for and shall indemnify and save harmless the 
Mayor and City Council of Baltimore except for gross negligence 
<C- of the City of Baltimore, from and against any and all suits, 

(*1 losses, costs, claims, damages, or expenses to which the said 

■I- Mayor and City Council of Baltimore may, from time to time, be 

l." subjected on account of, by reason of, or as a result of: 

J A. The presence, use, operation, maintenance, 

C alteration, repair, location, relocation, or removal of the two 

f * overhead bridgeways for which the franchise is herein granted; 

and 

B. Any failure on the part of said Grantee to perforin, 
^ promptly and properly, any of the duties or obligations imposed 

^ upon it or them by the terms and provisions of this ordinance. 



c 
21: 



SEC. 12. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE MO. 301 

(Council Bill MO. 520) 

AN ORDINANCE concerning 

FRANCHISE RENEWAL - SIDING AND 
RAILROAD TRACK - LONEY ' S LANE 

FOR the purpose of renewing permission and authority to Daltim e ge 
Cpceialty Ctcela Corporation, q aubaidiary o f Ai ' bu o , — Inc. , 
Pennsylvania Railroad Company continue to maintain and 
operate a siding across Loney's Lane and the fifth track of 
the Union Railroad across Loney's Lane, as heretofore 
granted by Ordinance No. 695, approved December 13, 1965, 
being the Ordinance under which permission and authority 
were granted to Pennsylvania Railroad Company, its 

234 



Ord. No. 301 

successors and assigns, to maintain and operate the 
aforementioned siding and railroad tracks, and to repeal 
Ordinance No. 695 approved DecemJ^er 13, 1965. 

By Authority 

Article VIII - Franchises 

Charter of Baltimore City (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission and authority be and the same are 

hereby granted to DaltiBoge CpeeiQlty Ctcclo Cogporation, a r^"^ 

subaidiQgy of Ai ' meo, Inc., Pennsylvania Railroad Company , its ^ - -- 

successors and assigns (hereinafter collectively referred to as 
"Grantee") to continue to maintain and operate at its own cost 
and expense, for a period not to exceed twenty five (25) years, 
siding and railroad track located as described herein: 






^ 



1 



A siding across Loney's Lane, said siding to connect with 
the fifth track of the Union Railroad west of Loney's Lane at a 
point in said fifth track about two hundred and fifty (250) feet 
west of the center of Loney's Lane, and running thence. to and 
across Loney's Lane from west to east to a point in the right of 
way of the Union Railroad about four hundred (400) feet east of 
the east side of Loney's Lane, and along the northern side of the 
right of way of the Union Railroad; and also to, maintain and ' 

operate, across Loney's Lane from the west side thereof to the 

east side thereof an extension of the fifth track of the Union ^ 

Railroad beginning at a point where the present fifth track ends , -* 

west of Loney's Lane and running thence to and completely across "^ 

Loney's Lane to connect with the tracks on the east side of -J 

Loney's Lane. ' " .'! 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Grantee shall L 



9 4^ 



pay to" the City of Baltimore, as compensation for the license 

hereby granted, the sum of $900.00 per year, payable in advance 

during the continuance of this license, or any renewal thereof; ' P^ 

and subject to the increase or decrease of this charge as ) ^^ 

provided in Section 3 hereof. \ 

SEC. 3. AND BE IT FURTHER ORDAINED, That the Mayor and City ^ 

Council of Baltimore (hereinafter referred to as "City") hereby 
expressly reserves the right and power, at all times, to 
exercise, in the interest of the public, full municipal 
superintendence, regulation and control in respect to all matters 
connected with this grant, and not inconsistent with the terms 
thereof. This license herein granted shall be held, exercised 
and enjoyed for a period of one year from the effective date of 
this ordinance, with the further right to the Grantee to twenty- 
four (24) consecutive one-year renewals of the license, each such 
renewal to be for a period of one year upon the same terms and 
conditions as the original one-year grant, except as otherwise 
provided herein. Each one-year renewal period shall take effect 
immediately upon the expiration of the original or renewal term 
then in force, without any action being taken on behalf of either 

235 



Ord. No. 301 

the City or the Grantee, but the total period of time during 
which the license shall operate, including the original term and 
all renewals thereof, shall not exceed, in the aggregate, twenty- 
five (25) years except as otherwise permitted by the City 
Charter. Provided that the City, acting by and through the Board 
of Estimates, may increase or decrease the license charge payable 
by the Grantee under the provisions hereof, by giving written 
notice to that effect to the Grantee at least one hundred fifty 
(150) days prior to the expiration of the original one-year term 
granted herein, or any yearly renewal term herein granted which 
becomes effective after any increase or decrease in said license 
charge has occurred. Provided further, that the City, acting by 
and through the Director of Public Works and to accommodate a 
public improvement or for other public purpose, or the Grantee, 
may terminate the license granted herein by giving written notice 
to that effect to the other at least one hundred eighty (180) 
days prior to the expiration of the original one-year term 
granted herein or any one-year renewal term herein granted and 
then in effect. 

/ SEC. 4. AND BE IT FURTHER ORDAINED, That material 

noncompliance by said Grantee at any time or times, with any of 
the terms or conditions of the grant hereby made shall at the 
option of the City, operate as a forfeiture of said grant, and 
the City, acting by and through the Director of Public Works, may 
terminate the license granted herein where said Grantee is in 
material breach of its duties and obligations hereunder and said 
Grantee fails to commence to cure such breach or non-compliance 
as soon as practicable but in no event longer than thirty (30) 
days of receipt by said Grantee from the City of written notice 
to cure such breach. In the event of a failure by Grantee to 
cure any such breach or non-compliance within such 30-day period 

^ ,^ nothing, other than an ordinance of the City, shall operate as a 

waiver of any termination or forfeiture of the grant hereby made. 



r 



r 



ss^ 



SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee, 
1^\Z^ at its own expense, in operating and maintaining, from time to 

"^■"'.! time, its said siding and railroad tracks on said streets and 

r*'^,; alleys, adjust its said tracks to the grades of said streets and 

O'*' alleys as the same are now or may hereafter be established by 

law, and shall, at its own expense, keep the said tracks and the 
spaces between the rails of said tracks and for two feet on 
either side thereof in thorough repair, and shall, at its own 
expense, keep the same free from snow or other obstruction, but 
without obstructing the other portions of said streets and alleys 
on either side of said tracks, and shall pay to the City, if and 
so often as said streets and alleys, or any of them, shall be 
paved or repaved by agents duly authorized by law, the cost of 
paving or repaving the spaces between the rails of said tracks 
and for two feet on either side thereof, of whatever materials 
the same may be constructed. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the tracks hereby 
authorized shall be maintained and operated under the supervision 

236 



Ord. No. 301 

and to the entire satisfaction of the Director of Public Works 

and the Commissioner of the Department of Transportation, and 

that the rails to be used therein, shall be of such character, 

size and weight as the said Director of Public Works and 

Commissioner of the Department of Transportation shall determine. 

The Grantee hereunder, its successors or assigns, shall, from 

time to time, at its or their own expense, change the location of 

the tracks hereby authorized, or any of them, whenever in the 

judgment of said Director of Public Works and Commissioner of the 

Department of Transportation the public interest, convenience, 

safety and/or welfare may so require. r^ ^ 



B) Any failure on the part of said Grantee to perform 



:h^ 



SEC. 7. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior ^ 

notice, at any time or times, the rights and privileges hereby 
granted when, in the Mayor's judgment, a public emergency 

requires such revocation, and upon written notice to that effect ., 

from the Mayor of Baltimore served upon the Grantee hereunder, .„ (f)^ 

all such rights shall cease and terminate. 






i 



SEC. 8. AND BE IT FURTHER ORDAINED, That said Grantee shall 
be liable for and shall indemnify and save harmless the City, 

except for gross negligence of the City or any of its agents, ^ 

employees, servants or officials, against any and all suits, ^4 

losses, costs, claims, 

damages, or expenses to which the City may from time to time be 
subjected on account of, by reason of, or as a result of: ^^ 

A) The presence, use, operation, maintenance, repair, ^^ 

relocation or removal of the siding and tracks for which the '^0 

franchise is herein granted; and *^i* 



promptly and properly, any of the duties or obligations imposed ji ^ 

upon it by the terms and provisions of this ordinance. ,, J^ 



SEC. 9. AND BE IT FURTHER ORDAINED, That upon the {. 

termination of the franchise herein granted; (a) by any action \ \ 

taken by either the City or the Grantee; (b) by removal by the »j 

Grantee, of the tracks herein authorized; (c) by forfeiture of 
any or all of the rights herein granted; (d) by abandonment of 
the use of any or all of the siding and tracks herein authorized 
by the Grantee, the said Grantee, shall promptly remove the 
tracks and appurtenances so affected, at its sole and entire 
expense, when ordered to do so by the said Director of Public 
Works and/or Commissioner of the Department of Transportation. 
Upon any and all such removals of siding and tracks, the Grantee, 
shall promptly pave or repave, at its entire expense, the street 
bed, curbs and sidewalks of all streets and alleys disturbed by 
such removal of siding and tracks, the said paving or repaving to 
be done with such materials and in such manner as may be 
designated by the Director of Public Works and/or Commissioner of 
the Department of Transportation, in each instance. 

237 



Ord. No. 301 

SEC. 10. AND BE IT FURTHER ORDAINED, That should the said 
Grantee, fail, neglect or refuse to perform within a reasonable 
time any of the work herein to be done, from time to time, then 
and in any and all such instances the said City is hereby 
authorized to proceed to do said work and collect all costs and 
expenses thereof from said Grantee. 

SEC. 11. AND BE IT FURTHER ORDAINED, That if at any time or 
times hereafter in the performance of any public work (whether 
said public work is governmental or proprietary in function, 
'^)li whether said public work be performed and/ or financed either in 

'J^^' whole or in part by the City, State and/ or the Federal 

government, or any of their agencies, and including, but not 
limited to, highway or expressway construction or relocation, 
(C- urban renewal and public works, and housing projects or any 

ij^. nature) the said Director of Public Works and/or Commissioner of 

1-" the Department of Transportation shall in his judgment determine 

!.- that the public interest, convenience, safety, and/or welfare 

J.. require the adjusting, altering, shifting, moving, relocating, 

r supporting, protecting and/ or accommodating of any or all of said 

C tracks, the said Grantee, shall, in any and all such cases, 

f ■ promptly upon written notice from the said Director of Public 

Works and/ or Commissioner of the Department of Transportation, 
^, without compensation and at the entire cost and expense of the 

^ said Grantee, adjust, alter, shift, move, relocate, support, 

^ protect and/ or accommodate its said tracks, in whole or in part 

^ and temporarily or permanently, so as to fully meet the 

" exigencies occasioning such notice. 

SEC. 12. AND BE IT FURTHER ORDAINED, That the rights by this 
r'^ ordinance granted to continue to maintain and operate the said 

p!,** siding and single track on Loney's Lane shall be revocable by the 

t ^ Board of Estimates of Baltimore City whenever in its judgment the 

^Jw- public interest, welfare and/ or convenience may so require, and 

n;5? within six months after written notice of such revocation from 

■^j- the Director of Public Works and/or Commissioner of the 

^,Z'- Department of Transportation, the said Grantee, shall at its own 

rif*' expense and without compensation to it, remove the said siding 

^t^l and track on Loney's Lane, and all the other provisions of this 

* ordinance in any way relating to removal of tracks shall apply to 

such removal upon notice of revocation. 

SEC. 13. AND BE IT FURTHER ORDAINED, That Ordinance No. 695, 
approved December 13, 1965 be and the same is hereby repealed; 
provided, however, that no claims, damages, charges and/ or 
liabilities which have arisen, accrued, or become due under said 
Ordinance No. 695, approved December 13, 1965, at any time or 
times prior to the effective date of this ordinance, shall be in 
any way affected by the enactment of this ordinance. 



! 

I 



238 



Ord. No. 302 



SEC. 14. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 302 

(Council Bill No. 547) 



AN ORDINANCE concerning _ "^ 

ZONING - PLANNED UNIT DEVELOPMENT - ^1 

MT. HOPE DRIVE AND METRO DRIVE ., Im 

■ ■ ■ ^^ 

FOR the purpose of approving the application of Saga Development 'j 

Corporation, Inc., contract purchaser of certain property y 

located in the Seton Business Park at the southwest corner '^ 

of the intersection of Mt. Hope Drive and Metro Drive, as 

shown on the Development Plan accompanying this ordinance, >^ 

such property consisting of approximately 3.2 acres more or )^ 

less, to have such property designated an Industrial Planned 

Development in accordance with Sections 12.0-1 and 12.0-5 of 

Article 30 of the Baltimore City Code (1983 Replacement ^^ 

Volume, as amended) and to approve the Development Plan [^ 

submitted by Saga Design and Construction, Inc. l^ 

'A 

By authority ^^ 

Article 30 - Zoning -^ 

Sections 12.0-1 and 12.0-5 L^ 

Baltimore City Code (1983 Replacement Volume, as ^amended) jt ^ 

WHEREAS, On March 27, 1989, representatives of Saga 
Development Corporation, Inc. , met with the Department of 

Planning of Baltimore City, to hold a Pre-Petition Conference to . « \ 

explain the scope and nature of existing and proposed development ^^ 

on the property in order to institute proceedings to have such 
property designated an Industrial Planned Development; and 

WHEREAS, Together herewith. Saga Development Corporation, 
Inc. , has made formal application to the City Council of 
Baltimore and has submitted the requisite Development Plan 
intended to satisfy the requirements specified in Sections 12.0-1 
and 12.0-5 of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) ; and 

WHEREAS, Saga Development Corporation, Inc., in requesting 
the introduction of this ordinance, signifies its intention to 
implement, execute, substantially complete and maintain the 
development of the property in accordance with the Development 
Plan; now, therefore, 

239 



Ord. No. 302 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of Saga Development Corporation, 
Inc. , contract purchaser of certain property located in the Seton 
Business Park at the southwest corner of the intersection of Mt. 
Hope Drive and Metro Drive, as shown on the Development Plan 
accompanying this ordinance, to designate such property as an 
Industrial Planned Development pursuant to Article 30, Sections 
12.0-1 and 12.0-5 of the Baltimore City Code (1983 Replacement 
Volume, as eunended) , be and it is hereby approved. 

-Jl; SEC. 2. AND BE IT FURTHER ORDAINED, That the Development 

'J^^u Plan submitted by Saga Development Corporation, Inc. including 

the following: "Site Plan with Planting List", dated March 13, 

1989; "Elevations", dated March 13, 1989; and "Building Plans", 
(CrV dated March 13, 1989: and a listing of the only B- 1 and B-2 uses 

which will be considered for the property dated March 29. 1989 . 

attached hereto and made a part hereof, be and it is hereby 

approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That subsequent to the 
C passage of this ordinance by the City Council, all changes in the 

f approved Development Plan for the property shall be reviewed and 

approved by the Planning Commission to ensure such changes eure 
^ consistent with this ordinance. 

Z SEC. 4. AND BE IT FURTHER ORDAINED, That subsequent to the 

•" passage of this ordinance by the City Council, all plans for 

^ construction of improvements upon the property shall be reviewed 

*^ and approved by the Planning Commission to insure that such plans 

are consistent with the Development Plan and this ordinance. 

p,'* SEC. 5. AND BE IT FURTHER ORDAINED, That upon passage of 

C "^ this ordinance by the City Council, as evidence of the 

p^C. authenticity of the Development Plan which is a part hereof and - 

^;5; in order to give notice to the departments which are 

i|- administering the Zoning Ordinance, the President of the City 

'^,ZC' Council shall sign the Development Plan, and when the Mayor 

|-^f— " approves the ordinance, he shall sign the Development Plan. The 

fjt^l Director of Finance shall then transmit a copy of the ordinance 

^ '^ and the Development Plan to the Board of Municipal and Zoning 

Appeals, the Planning Commission, the Supervisor of Assessments 
for Baltimore City and the Zoning Administrator of Baltimore 
City. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this ordinance 
shall teUce effect on the date of its enactment. 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



240 



^ 



Ord. No. 303 

CITY OF BALTIMORE 

OROIMAMCE MO. 303 

(Council Bill No. 549) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 

FOR the purpose of authorizing the Mayor and City Council of --^ ^ 

Baltimore to sell either at public or private sale all of 'i ^ 

the interest of the Mayor and City Council of Baltimore in ' ^ 

and to certain parcels of land known as Lots lA and 2 of ^ 

Block 68 8 -A and 4 21/ 44 1 409 thru 441 W. Conway Street. '"j ^ 

BY authority of . . ."^ 

Article V - Comptroller . (/) 

Section 5(b) '-j 

Baltimore City Charter (1964 Revision, as amended) T 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to sell at either public or private sale in 
accordance with Article V, Section 5(b) of the City Charter (1964 
Revision, as amended) , all of the interest of the Mayor and City 

Council of Baltimore in and to certain parcels of land known as ' "^ 

Lots lA and 2 of Block 688-A 4 21/ 44 1 and 409 thru 441 W. Conway I ^ 

Street, described as follows: ^^ 

-J 

Beginning for Parcel No. 1 at the point formed by the ti 

intersection of the southwest side of Lee Street, 60 feet wide, ' -V 

and the Right of Way Line of Through Highway for Interstate Route L^ 

No. 395 and running thence binding on said Right of Way Line of )\ ^ 

Through Highway and on other Right of Way Line of Through Highway ,, ^ 

for Interstate Route No. 395 the three following courses and -, ^ 

distances: namely. South 61°-34'-00" West 419.44 feet. South 79"- '. 

36 '-10" West 77.01 feet and North 48^ -08 '-41" West 103.71 feet to J^ 

intersect the east side of Russell Street, 160 feet wide; thence 
binding on the east side of said Russell Street the two following 
courses and distances: namely, by a line curving to the left with 
a radius of 1170.98 feet the distance of 39.49 feet which arc is 
subtended by a chord bearing North 01*^ -23 '-52" West 39.49 feet 
and North 02^ -21 '-50" West 148.63 feet to the end of the sixth 
line of the parcel of land conveyed by The Radio Electronic 
Television School, Inc. to The Maryland Stadium Authority by deed 
dated February 17, 1989 and recorded among the Land Records of 
Baltimore City in Liber S.E.B. No. 2013 folio 180; thence binding 
reversely on the sixth and fifth lines of said deed, 
respectively, the two following courses and distances: namely. 
North 87*- -38 '-10" East 90.00 feet and North 50^-10 '-3 0" East 
228.47 feet to the southwest side of Lee Street mentioned firstly 
herein and thence binding on the southwest side of Lee Street 

241 



Ord. No. 303 

mentioned firstly herein South 54 -04 '-00" East 319.32 feet to 
the place of beginning. 

Containing 116,101.09 square feet or 2.6653 acres of land, 
more or less. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the northwest side of Houser Street, 28 feet 
wide, and the east side of Briscoe Street 52 feet wide, and 
running thence binding on the east side of said Briscoe Street, 
North 02 -21 '-50" West 125.76 feet; thence binding on the 
,J southeast side of Briscoe Street, varying in width, by a line 

•*•" curving to the right with a radius of 39.11 feet the distance of 

37.47 feet which arc is subtended by a chord bearing North 25 - 
f* 05 '-10" East 36.05 feet to intersect the southeast side of Conway 

*^^. Street, 60 feet wide; thence binding on the southeast side of 

<•-. said Conway Street, North 52 -32 '-10" East 203.50 foot to the end 

Y' of the eighth line of the parcGl of land convGycd by Ilepbcrt B. 

f ' ' Millhauoeg, et al, to the Mayor and City Council of Daltinoge by 

^' deed dated Deptembcr 21, — 1077 and recorded among The Land Records 

^ of Baltimore City in Liber R.H.D. — Not — 3520, — Folio 732? thence 

^. binding reversely on the eighth line of said deed, — Couth 3 — 44 ' 

r 10" East 120.02 feet on the northwest side of said Ilouoer Gtrcet 

and thence binding on the northwest oide of aaid Ilouser Gtreet, 
•" Douth 52 4 7 ' — 4 0" West 300.27 feet to the place of beginning. 

- 4 05.67 feet: thence binding on the south side of Conwav Street. 

'^^ varying in width. North 87*'-l0'-30" East 55.00 feet to intersect 

#* the west side of Eutaw Street. 82.5 feet wide: thence binding on 

;: the west s ide of said Eutaw Street. South 02«'-49'-30" East 94.66 

feet to the end of the fifth line of the second parcel of land 
conveved bv Lindenmevr Paper Corporation to the Mayor and Citv 
Council of Baltimore by deed dated December 18. 1961 and recorded 
jT , among the Land Records of Baltimore City in Liber J.F.C. No. 

^j* 1202. Folio 422: thence binding reversely on the fifth line of 

5^'\ the second parcel of land described in said deed, as now 

-;:' surveyed. South 87<'-10'-30" West 124.36 feet to intersect the 

UL^i' first line of the parcel of land conveyed bv Herbert B. 

r;;:::;; Mlllhaus er. et al to the Mayor and City Council of Baltimore bv 

r^'^J deed dated September 21. 1977 and recorded among the aforesaid 

Land Records in Liber R.H.B. No. 3528. Folio 732: thence binding 
on part of the first line of last said deed, to the end thereof. 
South 37°-27'-50" East 11.98 feet: thence binding on the second, 
third, fourth and fifth lines of last said deed, respectively, 
the four following courses and distances: namely. South 02''-12'- 
00" East 40.31 feet. South 87°-06'-00" West 3.17 feet. South 52°- 
33 '-45" West 10.90 feet and South 37°-04'-10" East 42.73 feet to 
the north side of Houser Street. 3 5 feet wide: thence binding on 
the north side of last said H ouser Street. South 87°-10'-30" West 
5.55 feet and thence binding on the northwest side of Houser 
Street mentioned firstly herein. South 52 "-47 '-40" West 357.46 
feet to the place of beginning. 

Containing 31,027.01 51.798.75 square feet or 0.730 6 1.1891 
aere acres of land, more or less. 

242 



r 



o^o 



Ord. No. 304 

All courses and distances in the above descriptions are 
referred to the true meridian as adopted by the Baltimore Survey 
Control System. 

Said properties no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance ^ 

shall take effect on the date of its enactment. -"^ *^ 



Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



.2 



CITY OF BALTIMORE 

ORDINANCE NO. 304 

(Coimcil Bill No. 552) 

AN RESOLUTION ORDINANCE concerning 

ADMISSIONS AND AMUSEMENT TAX AND LICENSE FEES 

FOR the purpose of increasing the tax on admissions to certain ; ^ 

events; imposing the tax on certain events and charges; "? 

clarifying certain language and reference to the Annotated t^ 

Code of Maryland; eliminating ecgtain eycBiptiono; changing " / 

the license fees for certain coin operated games of - ''^ 

entertainment : and generally relating to the admissions and f* 

amusement tax and the license fees for games of j ^ 

entertainment . ' ^ 

BY repealing and gcoolving reordaining with amendments ) 

Article 28 - Taxes J 

Subtitle - Admissions and Amusement Tax ■ 

Section 74 "* 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing and reordaining with amendments 
Article 15 - Licenses 

Subtitle - Pinball Machines and Other Devices 
Section 91 
Baltimore Ci tv Code fl983 Replacement Volume, as amended) 

Preamble 

WHEREAS. The Tax-General Article of the Annotated Code of 
Maryland, title "Admissions and Amusement Tax", grants the 
authority pursuant to Section 4-102 to the Citv of Baltimore to 

243 






Ord. No. 304 

lew a tax on the gross re ceipts derived fr om anv ad missions and 
amusement charge defined in Section 4-101 (B) . as amended or 
recodified from time to time, derived from sources within the 
Citv of Baltimore: now, therefore. 

SECTION 1. BE IT RECOLVED ORDAINED BY THE MAYOR AND CITY 

COUNCIL OF BALTIMORE, That section (s) of the Baltimore City Code 

(1983 Replacement Volume, as amended) be added, repealed, or 
amended, to read as follows: 

ARTICLE 28 - TAXES 

fj-^' Admissions and Amusement Tax 

74. Provisions. 

'J;.,. [ (a) There is hereby levied and imposed under the provisions 

^•-. of and in compliance with Article 81, Sections 402 through 411 

f" inclusive, of the Annotated Code of Maryland, a tax of ten per 

j" centum (10%) , except as hereinafter provided, on all gross 

I" receipts of every person, private club of any kind or nature, 

^ firm or corporation charged for admission, attendance, or use 

Z.. within the City of Baltimore, and derived from the amounts 

r charged for (1) admission to any place, whether such admission be 

by single ticket, season ticket or subscription, (2) admission 
■*' within an enclosure in addition to the initial charge for 

admission to such enclosure, (3) the use of sporting or 
'* recreation facilities or equipment, (4) admission or membership 

»♦ to private clubs of any kind or nature, and any function thereof 

IJ which involves an admission charge or dues payment, and (5) 

admission, cover charge for seats or tables, refreshment, service 
or merchandise at any roof garden, cabaret or other similar place 
where there is furnished a performance, when payment of such 
r" \ amounts entitled the patron thereof to be present during any 

^^ portion of such performance. The term "Roof garden or other 

5,i* similar place" shall include any room in any hotel, restaurant, 

*^'| " hall or other place where music or dancing privileges or other 

UlZJiii entertainment, except mechanical music, radio or television, 

'^'ZZ'' alone, and where no dancing is permitted, are afforded the 

r*^' ';! members, guests, or patrons in connection with the serving or 

CJ^mf' selling of food, refreshment or merchandise. The gross receipts 

of any roof garden, cabaret, or other similar place shall be 
taxed at a rate of six per centum (6%) , provided, however, that 
in the event the sales tax now imposed by the State on sales of 
food, refreshment or merchandise served in such establishments is 
reduced or eliminated, the tax imposed on the gross receipts of 
said establishments by this section shall be increased by a rate 
equal to such reduction. The gross receipts derived from the 
exhibition of motion pictures, from the admissions charge for 
legitimate theatre productions where such admission charge 
pertains only to the performance to be given, golf courses, 
greens fees, golf carts, miniature golf and driving ranges and 
swimming pools, and gross receipts of non-profit cultural 
organizations which receive grants through or from the Maryland 

244 



r 



"2. 



Ord. No. 304 

Arts Council shall be taxed at the rate of one per centum (1%) . 

It is further provided that the tax imposed under this subtitle 

shall not apply to bingo to the extent it is exempted pursuant to 

Section 406 of Article 81 of the Annotated Code of Maryland as 

enacted by House Bill 31 (Chapter 689) of the Laws of Maryland, 

1972; or any coin-operated amusement device. The tax provided 

for herein shall become effective July 1, 1972 except as 

otherwise provided herein and shall be collected after the 

effective date thereof as hereinafter provided. Provided, 

however, that the rate of tax provided for herein shall be 

decreased by one-half of one percent (1/2%) for the period ^ 

through January 2, 1973, at which time the State imposed iP* l*< 

admissions and amusement tax of one-half of one per cent (1/2%) 

shall expire as provided in Chapter 689 of the Laws of Maryland 

(1972) . The amount of tax imposed by this section shall be , 

limited so that the total of such tax combined with the Maryland .\ ftl 

Retail Sales or Use Tax shall not exceed ten per cent (10%) of -^ 

the gross receipts of persons, firms or corporations subject to .'-^ 

the tax, all as provided in Section 403 of Article 81 of the \i^ 

Annotated Code of Maryland (1971 Cumulative Supplement), title .'-4 

"Revenue and Taxes," subtitle "Admissions and Amusement Tax," as ^ 

amended from time to time.] 

(A) fl) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION. C) 
THERE IS LEVIED AND IMPOSED A TAX AT THE RATE OF 10 PERCENT OF • Yl 
THE GROSS RECEIPTS OF EVERY PERGON, FIRM OR CORPORATION DERIVED 

FROM THE AMOU>?TG CHARGED IN BALTIMORE CITY FOR ADMISCIONC AND ,^ 

AMUGEMENTC DERIVED FROM ANY ADMISSIONS AND AMUSEMENT CHARGE AS • 9 

DEFINED IN SECTION 4-101 (B), OF THE TAX - GENERAL ARTICLE OF THE -? 

ANNOTATED CODE OF MARYLAND, AS AMENDED OR RECODIFIED FROM TIME TO I A 

TIME. <7 

(b) ThGgc io hereby levied and inpoocd an additional tax e f , f 

five cento (5c) — for each person provided with an Qdnisaion .| J^ 

without charge or at reduced rateo whenever a charge for ' ^ 

adniooion io made to any other person not in f^ymt * ^^ ef fifty " ^ 

cento (50c) ; and a tax of ten cento (lOe) whenever a charge or 
adaiooion to ouch other peroona io in exccoo of fifty cento 
(50G) , but not in eyL^^nvi^ of one dollar (Ol^OO); and a tax of 
fifteen cento — (15c) — whenever a charge for adaiooion to ouch other 
peroon io in exccoo of one dollar — (Ol»00) . 

f2) THERE IS LEVIED AND IMPOSED A TAX AT THE RATE OF 5 
PERCENT OF THE GROSS RECEIPTS DERIVED FROM THE EXHIBITION OF 
MOTION PICTURES. 

(B) IN THE CITY OF BALTIMORE. THERE IS LEVIED AND IMPOSED A 
TAX ON REDUCED CHARGES OR FREE ADMISSIONS AS SET FORTH IN SECTION 
4-105 (F) . OF THE TAX-GENERAL ARTICLE OF THE ANNOTATED CODE OF 
MARYLAND. AS AMENDED OR RECODIFIED FROM TIME TO TIME. 

[ (c) Said tax shall be subject to all the applicable 
provisions of Article 81, Sections 402 through 411, inclusive, of 
the Annotated Code of Maryland, title "Revenue and Taxes," 

245 



^ 



::t 



c 



Ord. No. 304 

subtitle ** Admissions and Amusement Tax,** and of Chapter 689 of 
the Laws of Maryland (1972). 

(d) The following are exempted' from the tax imposed under 
the provisions of this subtitle: 

(1) The gross receipts derived from the amounts charged 
for admissions, refreshments, service, or merchandise shall be 
exempt from the tax levied or collected under the provisions of 
this section when the gross receipts inure exclusively to the 
benefit of a non-profit community association, if no part of the 
net earnings thereof inure to the benefit of any stockholder or 
""' member of the community association and if the proceeds are used 

exclusively for community or civic improvement purposes. 

j^^' "Community association" as used in this section means an 

organization, whether or not incorporated, formed to promote the 
general welfare of the community it serves, which is not operated 

1^,,, for profit and whose net earnings do not inure to the benefit of 

f any stockholder or member. 

([ (2) Restaurants providing entertainment consisting of 

r- an individual roving performer whose act does not employ and is 

not dependent upon the use of amplified sound for entertaining 

patrons within the restaurant.] 

(C) THE FOLLOWING ARE EXEMPTED FROM THE TAX IMPOSED UNDER 
^ THE PROVISIONS OF THIS SUBTITLE: 

?• (1) THE GROSS RECEIPTS OF NOT FOR PROFIT COMMUNITY 

ASSOCIATIONS AS DEFINED IN SECTION 4-104, OF THE TAX -GENERAL 
r"- ARTICLE OF THE ANNOTATED CODE OF MARYLAND, AS AMENDED OR 

*- - RECODIFIED FROM TIME TO TIME. 

C^ 

-;j-;. (2) RESTAURANTS PROVIDING ENTERTAINMENT CONSISTING OF 

r;.;.., AN INPIVIDUAI, ROV?NG PERFORMED WHOSg A(?T POPS NOT gMPl^OY ANP Ig 

'^'-- NOT DEPENDENT UPON THE USg OF Affi>LTF3;?:D SOUNP FOR PNTERTAXNING 

PATIRONS WITHIN TPE RgSTAUjUOT*. 



:i; 






(3) COIN OPERATED AMUSEMENT DEVICES. ALSO KNOWN AS 
GAMES OF ENTERTAINMENT. AS DEFINED AND DESCRIBED IN ARTICLE 15 
SECTION 91 OF THE BALTIMORE CITY CODE. AS AMENDED. 

ARTICLE. 15 - LICENSES 

Pinball Machines and Other Devices 

91. Licenses. 

fa) Required; fees. Every person, firm, association or 
corporation owning . or operating, or placj.nq, or Keeping, or 
permitting to be kept, or maintaining for use, or permitting the 
use of. anv of the hereinafter described amusement devices for 
public entertainment or amusement, in anv place, or on anv 
premises in the Citv of Baltimore s hall obtain an annual license 

246 



Ord. No. 304 



from the Director of Finance and shall oav therefor the annual 
license fee hereinafter set forth, before anv such amusement 
device is placed in use or opera tion for anv of the purposes 
hereinbefore mentioned: 

fl) Three hundred dollQPa fC3 ^^^ $450 for each and 
every coin-operated amusement device, except pinball machines and 
such devices covered bv subparagraph (2) hereof. For the purpose 
of this subparagraph (1) . the term "coin-operated amusement 
device" includes. . but is not limited to. the following devices, 
if the same are operated or activated bv coins or tokens: video 
games, electronic games, claw machines, bowling machines, 
shuffleboard machines, pool tables, poolettes. console machines, 
target machines, baseball machines, and other similar devices; 
provided, however, that such term does not include bona fide 
vending machines in which amusement features are not incorporated 
or made a part thereof; and provided further, however, that a 
peep booth containing one or more coin slots, wherein onlv one of 
said coin slots at anv one time is operative and capable of 
activating a motion picture or slide film to be visually viewed, 
shall be considered a single "coin-operated amusement device" for 
the purpose of this section. 

fla) One hundred fif ty dollapo fClSO.OO) $225 for each 
and everv pinball machine. 

(2) ^^r^ $90 for each and everv music box, mechanical 
player pjapo, qraphophone or other similar mechanjca]. musjc^il 
device plaved bv the inser tion of a coin or token. 

(3) S±€fh tv five dollars ($0 5 .00) $130 for each and 
everv shuffleboard which is not coin-operated. 

(4) In the case of anv amusement device specified 
hereinabove in this subsection, which is first being placed in 
use or operation and which is being licensed for the first time 
under this subtitle, a license mav be secured for less than a 
period of one full vear. In such case the license fee for three- 
quarters of the vear shall be 75% of that indicated for a full 
vear; the fee for one-half of the vear shall be 50% of that 
indicated for the full vear; and the fee for one-quarter of the 
vear -shall be 25% of that indicated for the full vear. For anv 
such amusement device a license shall be obtained and a fee shall 
be paid for the number of full and partial quarters remaining in 
that calendar vear. 

SEC. 2. AND BE IT FURTHER RESOLVED ORDAINED . That a copy of 
this Ordinance be sent to the Maryland State Comptroller's 
Office. 



247 



::t 



c 






Ord. No. 305 



SEC. 3. AND BE IT FURTHER RECOLVED ORDAINED . That this 
ordinance shall take effect on the date o f ito ewaetaent June 30. 
1989. 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 305 

(Council Bill NO. 553) 

AN ORDINANCE concerning 

PARKING FINES 



f* FOR the purpose of increasing the fines for certain parking and 

f ^ stopping violations. 



-. By repealing and reordaining with amendments 

' Article 31 - Transit Traffic 

Subtitle - Parking and Stopping Fines, Penalties and 
•" Procedures 

7 Section 152(f), (g) , (h) , (1) 

1^ Baltimore City Code (1983 Replacement Volume, as amended) 

< SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

BALTIMORE, That Section (s) of the Baltimore City Code (1983 
mm"" Replacement Volume, as amended) be added, repealed, or amended to 

Im^" read as follows: 



ARTICLE 31-TRANSIT AND TRAFFIC 

Parking and Stopping Fines, Penalties and Procedures 

152. Parking and stopping fines. 

Within the limits of the City of Baltimore the following 
parking and stopping fines are imposed in addition to the costs 
stipulated in the Annotated Code of Maryland: 

(f ) Parking on a Snow Emergency Route when the snow 
emergency is in effect shall be a violation punishable by a fine 
of [$15.00] $50. 

(g) In areas where parking is prohibited and impounding is 
authorized, a violation of such impounding law shall be deemed a 
violation punishable by a fine of [$15.00] $30. 

(h) A parking or parking meter violation on an impounding 
street shall be a violation punishable by a fine of [$15.00] $30, 



248 



Ord. No. 306 



(1) All other parking meter or parking violations shall be 
punishable by a fine of [$10.00] $15. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 90th day after the date of its 
enactment . 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE '^\ 

ORDINANCE MO. 306 
(Council Bill Mo. 558) 

AN ORDINANCE concerning 

BUILDING CODE - FEES 

FOR the purpose of increasing the fees for construction, 
alteration, removal, demolition, and other building 
operations permits, and for special license permits, 
periodic inspections, and other charges provided in the 
Building Code. 

BY repealing and reordaining with amendments 
Article 32 - Building Code 
Section 114.0 
Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF f 

BALTIMORE, That section (s) of the Baltimore City Building Code ^ 

(1987 Edition, as amended) be added, repealed, or amended, to " 

read as follows: ^ 

ARTICLE 32 - BUILDING CODE 

Section 114 . Fees 

114.1 General: A permit to begin work for new construction, 
alteration, razing, moving, or other building operation shall not 
be issued until the fees prescribed in this section have been 
paid to the Director of Finance of Baltimore City, nor shall an 
amendment to a permit be approved until the additional fee has 
been paid. 

114.2 Special fees: The payment of the fee for all. work done in 
connection with or concurrently with the work contemplated by a 
building permit shall not relieve the applicant or holder of the 
permit from the payment of other fees prescribed by law for water 
taps, sewer connections, electrical permits, erection of signs 
and display structures, marquees, or other appurtenant 

249 



Ord. No. 306 



structures, or fees of inspections, occupancy permits, or other 
privileges or requirements, both within and without the 
jurisdiction of the department. 

114.3 Service charges: 

114.3.1 Minimum fees and service charges: Any and all fees or 
service charges provided for by this code for the various classes 
of permits, certificates, inspections, tests, or other services 
shall be as provided in Section 114.0, but in no case shall any 
fee or service charge be less than [$10] $13, except when 
otherwise specified. All fees shall be rounded to the nearest 
dollar. 



C. 



r 



114.3.2 Duplicate and additional permits, certificates and 
approved plans: Duplicate or additional copies of documents other 
than plans shall be issued at the written request of anyone 
entitled to receive them upon payment of [$3] $4 for each 
duplicate or copy issued, with a minimum fee of [$5] $6. 

Duplicate or additional copies of approved plans shall be 
issued at the written request of anyone entitled to receive them 
upon payment of [$5] $6 per sheet, plus any charge that may be 
involved in reproducing them, with a minimum fee of [$10] $13. 



c 



114-3.3 Fees and service charges not refundable: No fee or 
other service charge, or portion thereof, paid for any permit, 
certificate, inspection, test or any other service rendered, 
shall be refunded, except that where no work has been done, or 
any privilege enjoyed, under a permit, certificate, inspection or 
any other service, the Board of Estimates may authorize a refund 
of not more than 50 percent of any fee or service charge for such 
permit, certificate, inspection, or service. However, no refunds 
shall be granted on fees of less than $1,000. 

114.3.4 Fees for partial permits and extensions of permits: 
Where a partial permit is issued under this code, a fee of [$40] 
$50 shall be charged for each such permit. Where an extension of 
a permit is issued under this code, a fee of [$10] $13 shall be 
charged for each such extension. 

114.3.5 Fees for amending permits: After a permit has been 
issued and an amendment for a revision is applied for, the fee or 
service charge shall be as follows: 

1. For each and every amendment which involves work not 
originally applied for to complete the entire project, 
the fee shall be the appropriate fee for the work 
contemplated plus 10 percent of such fee as a service 
charge. The minimum fee shall be [$20] $25. 

2. For each and every amendment, not within the scope of 
1., above, where revised plans are required, the fee 



250 



•P" 



Ord. No. 306 

shall be 20 percent of the original permit fee, with a 
minimum of [$20] $25. 

3. For each and every amendment, not within the scope of 
1., above, where revised plans are not required, the 
fee shall be [$10] $13. 

114.3,6 Fees for cancellation of applications: 

Applications which cannot be processed to result in 

legal permits shall be canceled by the applicant or the 

department. The applicant shall be duly notified that ■ 

a legal permit cannot be issued. The fee for such a ""^ 

cancellation shall be 50 percent of the fee for the 

work described in the application. No fee shall be "|;> 

charged for the cancellation of an application having a -, 

permit fee less than $200. 

114.4 Fee Schedule 

114.4.1 Permit fees for construction work: 

1. New buildings and additions: [$2] $2.50 for each 
1,000 cubic feet or fraction of gross volume, including 
all basements and cellars. A minimum of [$50] $65 for 
new buildings, except private residences, which shall 
be [$30] $45 minimum. A minimum of [$30] $40 for 
additions, except for private residences, which shall 
be [$20] $25 minimum. 

2 . Accessory structures in connection with a 
principal occupancy: [$20] $25 for each 
structure over 100 square feet; [$10] $13 

for each structure of 100 square feet or ? 

less. 

3. Alterations and repairs: [$5] $6 per $1,000 
or fraction thereof of estimated cost; [$10] 
$13 minimum on private residences; [$30] 
$40 minimum on all other buildings or 
structures . 

4. Chimneys, stacks, towers: 

50 feet [$20] $25 

51 — 100 feet [$30] $40 

Over 100 feet [$50] $65 

5. Retaining walls: [$3] $4 for each 100 square 
feet or fraction of area above footing; 
minimum of [$10] $13. 

6. Fences: [$3] $4 per 100 linear feet or 
fraction. 

251 



Ord. No. 306 

7. Grading (excavating or filling): 

— 5,000 cubic yards.. [$20] $25 

5,001 — 50,000 cubic yards [$30] $40 

Over 50,000 cubic yards [$50] $65 

8. Paving or surfacing: 

— 1,000 square feet [10] $13 

1,001 — 10,000 square feet [$20] $25 

10,001 — 50,000 square feet [$40] $50 

*y^ Over 50,000 square feet [$60] $75 

9. Erection, placing, hanging, or reconstruction of 
.#" signs: 

C' — 10 square feet [$10] $13 

f" 11—50 square feet ,.[$20] $25 

f"^ 51 — 200 square feet [$40] $50 

r 201— 500 square feet [$100] $125 

I Over 500 square feet [$150] $200 

r The above rates are based on the gross square feet area of 

the sign face or faces. No fee shall be charged for signs 

•* less than 100 square feet used exclusively for advertising 

the property on which they are posted as for sale or for 

;: rent. 

#» 

^ The fee for repairing, painting and rehanging any sign in 

the same place shall be [$10] $13 for each sign. 

|^.«* 10. Razing: [$2] $3 per linear foot or fraction of width 

l^j^ " or length of building, whichever is less, with a 



ria 



minimum fee of [$30] $40, except that accessory 



f^lY^ buildings shall be [$10] $13 eachc 

]jC3' ' 11. Temporary structures: Each temporary structure per each 
'^'Zll 5,000 cubic feet of volume or fraction: [$10] $13 

P' 2 P®^ year on an annual basis; minimum [$20] $25; 

0^«^ maximum [$500] $650. 

12. Moving buildings: [$25] $40 each. 

13. Swimming pools: [$20] $25 each for private residences 

only; [$50] $65 each for all others. 

14. Occupancy permit: [$10] $13 for each use in each 
building or portion of a building. 

15. Sediment and erosion control: [$10] $13 for each 
permit, plus the following amounts per number of square 
feet disturbed: 



252 



Ord. No. 306 



Disturbed area 

— 5,000 square feet $.003 

5,001—15,000 square feet $.004 

Over 15,000 square feet $.005 

114.4.2 Permit fees for electrical work: 

1. Electrical service wiring and equipment to be 
installed, replaced or relocated, including provision 
for connection of meter. 

Rating in Amperes Fee 

— 100 [$10] $13 

101—400 [$15] $20 

401 — 800 [$30] $40 

Over 800 [$50] $65 

2. Electrical wiring for new branch circuits, feeders, 
and extensions to or replacements of branch circuits 
shall be at a rate of [$3] $4 per circuit. A 3-wire or 
4-wire branch circuit serving single phase loads shall 
be considered as 2 or 3 branch circuits respectively. 
A 3-wire branch circuit serving only 3 -phase loads or 
serving a single appliance shall be considered as 1 
branch circuit. 

3. Fixtures: Fees for installing only electrical 
fixtures: 

1 — 25 [$10] $13 

26—50 [$15] $20 

51—75 [$20] $25 

[$2] $3 for each additional 25 fixtures or fraction 
thereof. 

4. (a) Temporary electrical wiring for bazaars, cinema 
shows, dances, displays, exhibitions, fairs, plays, 
rummage sales, sporting events, suppers and other 
similar assemblies: [$10] $13 for each 5 kilowatts or 
fraction thereof of . feeder capacity supplying such 
wiring. The permit fee shall be reduced one-half when 
the entire net proceeds derived therefrom are to be 
used for a charitable or religious organization. 

(b) Temporary electrical wiring for carnivals and 
circuses: [$20] $25 for each 5 kilowatts or fraction 
thereof of feeder capacity supplying such wiring. The 
permit fee shall be reduced one-half when the entire 
net proceeds derived therefrom are to be used for a 
charitable or religious organization. 



253 



Ord. No. 306 



;j 



(c) Temporary electrical wiring for construction purposes 
shall be at the same rate as for permanent installations and 
the permits shall be applied for separately. 

5. Electrical semi-annual permits for maintenance work 
shall be based on the total service of the plant for 
each permit issued. 

These permits will be issued only to Licensed 
Maintenance Electricians or Licensed Master 
Electricians employed by the company on whose premises 
the work is to be done. 

Rating of Service or 

Services in Amperes Fee 



r 



— 400. . , [$20] $25 

401—1,200 [$30] $40 

1,201 — 2,000 [$40] $50 

I, . Over 2,000 [$60] $75 

i 6. Electrical work not otherwise classified in this 

r* section shall be [$10] $13 for each permit issued. 

^ 7. Electrical certificates of approval shall be [$5] $7 

each when issued as part of original permit. 

•^ 8. Minimum fee for any electrical permit shall be [$10] 

::. $13. 

if 

114.4.3 Permit fees for mechanical work: 

'^,*'"! 1. Furnaces and fuel burning equipment other than 

C^ gas-fired, including heating systems, shall be: 

^IZ^ BTU per hour input per unit Fee 

^;:i — 200,000 [$10] $13 

200,001 — 500,000 [$25] $35 

Over 500,000 [$50] $65 

Maximum [$500] $650 



rni'1 



No fee shall be charged for fuel tanks, not exceeding 
550 gallons, when installed in conjunction with oil 
burners . 

Domestic appliances including water heaters not 
exceeding 200,000 BTU per hour input: [$10] $13 per 
unit (includes plumbing fee) . 

Major alterations and repairs: 50 percent of the above 
rate; minimum [$10] $13. 



254 






Ord. No. 306 

2. Air conditioning and refrigeration systems, including 
air handling and distribution equipment (1 ton equals 
12,000 BTU per hour): [$3] $4 per ton; minimum [$10] 
$13; maximum [$100] $125 per unit. 

3. Ventilation systems: [$3] $4 for each 1,000 cubic feet 
of air per minute; minimum [$10] $13; maximum [$100] 
$125. 

4. Unfired pressure vessels: [$25] $35 each. 

5. Gas fuel-burning equipment: -^ 

BTU per hour input per unit Fee 

0—200,000 [$10] $13 .:. 

200,001 — 500,000 [$25] $35 ' 

Over 500,000 [$50] $65 

Maximum [$500] $650 

Domestic gas appliances, not exceeding 200,000 BTU per hour 
input; minimum [$10] $13. Gas-fired waterheaters, new 
installations, not exceeding 200,000 BTU per hour input: 
[$10] $13 each (includes plumbing fee) . Replacing gas-fired 
water heaters, not exceeding 200,000 BTU per hour input: 
[$10] $13 each (includes plumbing fee) . 

6. Tanks for all liquids, including propane gas cylinders: 
LP gas cylinders in the aggregate of 1,000 gallons or 
fraction shall be considered 1 tank: 

— 1,000 gallons [$10] $13 each 

1,001 — 10,000 gallons [$15] $20 each j 

Over 10,000 gallons [$15] $20 plus \ 

[$5] $6 for each 5,000 gallons or fraction over 10,000 gallons; • 

maximum [$250] $300. ' 

Removal of tanks, no replacements: [$20] $25. per tank 
for each permit issued [, which may include more than 1 
tank at the same location] . 

7. Pumps and dispensers: [$5] $6 per hose outlet; minimum 
[$10] $13. 

8. Fire extinguishing systems: 

Equipment Fee 

Sprinkler systems: 1 — 25 heads [$20] $25 

More than 25 heads [$30] $40 per 

100 heads or fraction 

Relocating hose station [$ 5] $ 6 each 

Relocating sprinkler heads [$ 2] $ 3 each 

Minimum [$10] $13 

255 



Ord. No. 306 



If 



r 



MaximuiD [$20] $35 

Replacing sprinkler heads only 

[$10] $13 

Standpipe risers [$30] $40 

C02 systems [ $10 ] $13 per 

500 cubic feet or fraction of 
the space protected 

Hand extinguishers No charge 

Reconstruction or repair Same as new 

Minimum [$10] $13 



)J 9. Plumbing and on-site utilities: 

ic:' 



Fixtures: Install, replace or 

reconstruct [$ 2] $ 3 each 

^^ Minimum [$10] $13 

<•-*• Water service pipe: new 

I"**" or replacement [$10] $13 

f"** Electrical water heaters: new 

r ' installation not exceeding 

\ 200,000 BTU per hour [$10] $13 

*. Reconstruction soil or water lines on 

r premises [$10] $13 

Reconstruction sanitary or storm 

* water sewer on premises [$10] $13 

Sanitary sewer connection: 

'^ New buildings [$10] $13 per 

#^ connection 

Plus [$2] $3 for each fixture installed 
Sanitary sewer connection: 

Existing buildings [$15] $20 per 

^ connection 

p;^ ' No charge for existing fixtures 

^^.•-'' . Stormwater sewer connection: 

^^J^ New buildings [$10] $13 per 

]?"•'* connection 

IJO Plus [$2] $3 for inlet excluding rain leaders 

•—•;;* Private disposal systems including 

P' <* septic tank, dry well or 

C/-^ drainfields [$25] $30 

Plus [$2] $3 for each fixture installed 
Removal of plumbing fixtures or cap off 
water or sewer lines on 

premises [$10] $13 

Certificates of approval [$ 5] $ 7 each 

when issued as part of original permit 

10. Installation of elevators: 

Passenger elevators/ [$30] $40 [$100] $125 

maximum each 
Plus [$3] $4 per floor 

Power freight elevators/ [$30] $40... [$100] $125 

maximum each 

256 



Ord. No. 306 

Plus [$3] $4 per floor 
Parking elevators/$30 [$100] $125 

maximum each 

Plus [$3] $4 per floor 

Hand or gravity elevators [$ 20] $ 25 each 

Escalators [$ 40] $ 50 each 

Power dumbwaiters [$ 20] $ 25 each 

Hand dumbwaiters [$ 15] $ 20 each 

Stage orchestra or console elevators. [$30] $ 40 each 
Private residence elevators 

or inclined lifts [$ 20] $ 25 each ;p« 

Elevators or inclined lifts for invalid use (Doctor's ' j 

certificate required) [$ 10] $ 13 each 

Man lifts [$ 30] $ 40 each 

Automobile service lifts [$ 8] $ 13 each 

Material hoists and elevators used temporarily as material 

hoists [$ 25] $ 35 each 

Workmen ' s hoists [$ 25] $ 35 each 

Plus [$2] $3 per floor 
Reconstruction: Same as required for new installation. 
Alterations: [$5] $6 per $1,000 or 

fraction of estimated cost [$10] $13 minimum 
Repairs No charge 

114.4.4 Fees for certificates: 

1. Electrical certificates of approval: [$10] ; 

$13 each when issued separately. ■ 

2. Mechanical certificates of approval: [$10] 

$13 each when issued separately. \ 

3. Certificates of use, occupancy or I 

completion or certificates of ^ 

any other nature: [$25] $35 each. \ 

114.4.5 Fees for special license permits: Fees for special license 
permits on premises where no annual license permit has been issued 
shall be charged at the following rates: 

Fee for each 10,000 square feet 
or fraction thereof 

Purpose On€ 

Bazaars [$10] 

Carnivals [$20] 

Cinema shows [ $10 ] 

Circuses [$40] 

Dances [$15] 

Displays [$10] 

Exhibitions [$10] 

Fairs [$20] 

Lectures [$10] 

257 



Day 


One 


Week 


$13 


[$30] 


$40 


$25 


[$60] 


$75 


$13 


[$30] 


$40 


$50 


[$120] 


$150 


$20 


[$45] 


$60 


$13 


[$30] 


$40 


$13 


[$30] 


$40 


$25 


[$60] 


$75 


$13 


[$30] 


$40 



Ord. No. 306 

Plays [$10] $13 [$30] $40 

Rumnage Sales [$10] $13 [$30] $40 

Sporting events [$20] $25 [$60] $75 

Suppers [$10] $13 [$30] $40 

Other assemblies [$10] $13 [$30] $40 

Amusement Devices [$15] $20 each 

Peep show devices [$100] $125 each 

Where the net proceeds from any of the aforementioned 
purposes , except amusement devices, are to be used for a 

np ; charitable or religious organization, the fee shall be reduced 50 

J^ . percent. 

114.4.6 Permit fees for periodic inspections: 

C 

("" Roof tanks [$10] $13 each 

,X. Roof signs 101 — 500 sq. ft [$10] $13 

j.^ 501—1,000 sq. ft.. [$20] $25 

' Over 1,000 sq. ft.. [$30] $40 

i 114.4.7 Fees for annual license permits: Fees for annual 

I" license permits to operate public assemblies, such as assembly 

halls, bowling lanes, dance halls, exhibition halls, night clubs, 
^ opera houses, pool parlors, sports arenas, theaters with stages, 

theaters without stages, and other public assemblies, shall be 
* charged at the following rates: 

Ci 0—6,000 sq. ft [$35] $45 

" 6,001 — 12,000 sq. ft [$40] $50 

12,001—25,000 sq. ft [$50] $65 

r" Over 25,000 sq. ft [$60] $75 

*" ""! 

C^^ Where the net proceeds from any of the aforementioned 

pO ' assemblies are to be used entirely and continuously for a 

*^^ charitable or religious organization, the fee shall be reduced 50 

^O percent. 

pf"^ 114.4.8 Fees for miscellaneous work: Permit fees for 

f/^ miscellaneous work, operations and other purposes, not elsewhere 

^ provided for in this code, shall be charged at the rate of [$5] 

$6 per $1,000 or fraction of estimated cost, with a [$10] $13 

minimum. 

114.5 Penalties: An additional service charge of 10 percent of 
permit fee shall be assessed on permits issued for work commenced 
or completed without a permit. 

If a violation notice has been issued on work commenced or 
completed without a permit, the charge shall be increased to 20 
percent of the permit fee; [$10] $13 minimum; [$100] $125 maximum 
penalty. 

114.6 Fees for violation report: An application to the building 
official for a violation report, stating whether or not any 

258 



t 



Ord. No. 307 

notice of condemnation or violation has been issued for a 
particular property and including a copy of any such condemnation 
or violation notice, shall be accompanied by a payment in the 
amount of [$15] $20. 

A violation report issued by the department may also be 

obtained from the Bureau of Liens at the same time as the lien 

certificate, upon the payment of [$10] $13 in addition to the 
charge for the lien certificate. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance - 

shall take effect May July 1, 1989. '^ , 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 307 

(Council Bill No. 560) 

AN ORDINANCE concerning 

CLEAR STREETS - STORAGE CHARGES 

FOR the purpose of increasing the charges imposed for the storage 
of vehicles under the Clear Streets law. 

By repealing and reordaining with amendments 
Article 31 - Transit and Traffic 

Subtitle - Clear Streets T 

Section 96(f) ^ 

Baltimore City Code (1983 Replacement Volume, as amended) - 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^ 

BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 31 -TRANS IT AND TRAFFIC 

Clear Streets 

96. Owner of vehicle to be sought. 

(f) There shall be an additional charge of [$6.00] -$0 $10 
for each day or fractional part thereof after the 48 hour period 
during which a non-commercial motor vehicle is stored. The 
charges here imposed are in addition to any fine, penalty or 
charge imposed for the violation of any other traffic law. 



259 



c 



Ord. No. 308 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect May July 1, 1989. 



Approved June 26, 1989 



Kurt L. Schmoke, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 308 

(Council Bill No. 561) 

AN ORDINANCE concerning 

GAS FITTERS' LICENSE AND EXAMINATION FEES 



I"* 

' „ FOR the purpose of increasing the annual license and the 

I ^ examination fees for gas fitters. 

r 

^ BY repealing and reordaining with amendments 

r Article 13 - Housing and Urban Renewal 

Subtitle - Gas Appliances and Piping 
^ Sections - 43 and 44 

Baltimore City Code (1983 Replacement Volume, as amended) 



- SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

1^ BALTIMORE, That section (s) of the Baltimore City Code (1983 

'^ Replacement Volume, as amended) be added, repealed, or amended, 

to read as follows: 

j:!": ARTICLE 13 - HOUSING AND URBAN RENEWAL 

*^0 ' Gcis Appliances and Piping 

^i-^ 43. Fees for examination and license. 

pff'^ The following charges shall be made to cover the cost of 

f/^ examination: 

^ (1) Master Gas Fitter License [$10.00] $25.00 

(2) Journeyman Gas Fitter License [$ 5.00] $15.00 

The following charges for licenses are: 

(1) Master Gas Fitter License [$35.00] $75.00 

(2) Journeyman Gas Fitter License [$ 5.00] $25.00 

The license year for all licenses shall run from January 1 
. through December 31 and renewal fees are as above. 

44. Renewal of licenses. 

All persons who are registered [under this ordinance] 
PURSUANT TO THE PROVISIONS OF THIS SUBTITLE shall have their gas 
fitter license for Baltimore City renewed annually ON THE FIRST 
DAY OF JANUARY without the necessity for reexamination upon the 

260 



Ord. No. 309 



payment of [$35.00] $75.00 for Master Gas Fitter or [$ 5.00] 
$25.00 for Journeyman Gas Fitter [beginning on the first day of 
January following the passage of this ordinance and on the first 
day of January in every year thereafter] . 

[All persons registered as gas fitters in Baltimore City at 
the time of the passage of the ordinance may be issued a Master 
Gas Fitter license without examination within six months of 
passage of this ordinance upon the payment of $35.00 or a 
Journeyman Gas Fitter license within six months of passage of 
this ordinance upon the payment of $5.00.] 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect July 1, 1989. 



Approved June 26, 1989 



Kurt L. Schmoke, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 309 
(Council Bill No. 563) 
AN ORDINANCE concerning 



i 



O 
i 



WAGE COMMISSION - PENALTIES ;. ^ 

FOR purpose of increasing penalties that may be imposed for « J 

certain violations of the Contracts - Hours and Wages ^ / 

subtitle. '^^ 

BY repealing and reordainmg with amendments J^ 

Article 1 - Mayor, City Council, and Municipal Agencies "5 

Subtitle - Contracts - Hours and Wages 1-^ 

Sections 19(c)(1) and (3), and 19(e)(4) ^^ 

Baltimore City Code (1983 Replacement Volume, as amended) »^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

Contracts - Hours and Wages 

19. Requirements for certain contracts with the City. 

Each and every contract in excess of five thousand dollars 
($5,000.00) (hereinafter referred to the "the contract") made by 
the Mayor and City Council of Daltimogo BOARD OF ESTIMATES 

261 



Ord. No. 309 

(hereinafter referred to as the "City"), or on its behalf, with 
any person, firm or corporation for the construction, 
reconstruction, erection, conversion, installation, alteration, 
repair, maintenance, renovation, razing, demo.lition, moving, 
removing, grading, paving, repaving, curbing, filling, excavation 
or any other operation or work to be done or performed in, on, 
upon, or in connection with any building, bridge, viaduct, 
tunnel, tower, stack or other structure, airport, land, highway, 
pier, wharf, sewer, drain, main, conduit, machinery or 
mechanical, electrical or other equipment for said municipality 
«- . shall contain the following provisions: 

■** ' (c) Minimum wages. 

1^'' (1) Every such mechanic, laborer, and apprentice shall 

>" be paid not less often than once a week, and without subsequent 

'•;;; deduction or rebate on any account (except such payroll 

r_^ deductions as are directed or permitted by law, by a collective 

\" bargaining agreement, or by specific written authorization from 

["" an employee) , the full amount due at the time of payment computed 

(^ at wage rates not less than the minimum hourly wage rate 

p- established by the Board of Estimates and set forth in the 

' contract. No hourly employee, other than an apprentice, working 

directly upon the site of the work, shall be paid less than the 
* amount established for the lowest classification on the said 

project. A copy of such minimum hourly wage rates shall be kept 
w posted by the contractor at the site of the work in a prominent 

^ place where it can be easily seen and read by the workers. In 

^ the event a copy of such minimum hourly wage rates is not posted, 

the contractor shall forfeit and pay to the City a penalty in the 
f-"" amount of [ten dollars ($10.00)] $20 per day for each day on 

p*'-^ which the copy is not posted. Each day's violation shall 

(^'CJ constitute a separate offense. 

Uj.^ (3) In the event that any such laborer, mechanic or 

apprentice shall be paid less than the compensation to which he 
shall be entitled hereunder, the contractor shall make 



'a 

rn 
ho 



restitution to such affected employee for the amount due, and 
shall forfeit and pay to the City a penalty in the amount of 
[twenty-five dollars ($25.00)] $50 per day for each employee so 
underpaid, provided, however, that no penalty shall be assessed 
for wage violations to any individual which amount to a total of 
less than one dollar ($1.00) in any payroll period. Each day's 
violation shall constitute a separate offense. 

(e) Apprentices, Laborers and Mechanics. 

(4) Where a laborer performs the work ordinarily 
performed by any skilled mechanic or his apprentice, he shall be 
paid for the entire time he has performed such work at the 
minimum hourly wage rate applicable to a skilled mechanic; and in 
the event of such underpayment, restitution shall be made by the 
contractor to said employee and in addition, the contractor shall 
be subject to a penalty as hereinafter set forth. If the 

262 



Ord. No. 310 

contractor or subcontractor utilizes more apprentices than 

permitted under the ratio established under the provisions of 

this subtitle [or utilizes a laborer to perform the work of a 

skilled mechanic or his apprentice] , the contractor shall forfeit 

and pay to the City a penalty in the eunount of [ten dollars 

($10.00)] $20 per day per employee for each violation. Each 

day's violation shall constitute a separate offense. IF THE 

CONTRACTOR OR SUBCONTRACTOR PAYS AN EMPLOYEE A LABORER'S WAGE 

RATE WHEN THE EMPLOYEE IS PERFORMING WORK ORDINARILY PERFORMED BY 

A SKILLED MECHANIC OR A SKILLED MECHANIC'S APPRENTICE, THE 

CONTRACTOR SHALL FORFEIT AND PAY TO THE CITY A PENALTY IN THE - 

AMOUNT OF $5.0 PER DAY PER EMPLOYEE FOR EACH VIOLATION. EACH "- , 

DAY'S VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE. "^ . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 26, 1989 

Kurt L. Schmoke, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 310 

(Coiincil Bill MO. 564) 

AN ORDINANCE concerning 

RAZING CONTRACTORS' LICENSE FEES 

FOR the purpose of increasing the annual license fee for razing f 

contractors. |7 

••' 

BY repealing and reordaining with amendments ii 

Article 32 - Building Code ^ 

Section 105.4-3 .^ 

Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF • 
BALTIMORE, That section (s) of the Baltimore City Building Code 
(1987 Edition, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 32 - BUILDING CODE 

105.4—9^ Razing contractors; license: 

3. Said license shall be renewed annually, on or before 
the 1st day of January, and shall terminate on the 31st day of 
December . The annual foe fog ouch liGonae ohall be [$50] 07 5 . 
THE BUILDING OFFICIAL. WITH THE APPROVAL OF THE BOARD OF 

263 



c 



Ord. No. 311 



ESTIMATES. MAY ESTABLISH THE LICENSE FEES PROVIDED FOR IN THIS 
SECTION. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect July 1, 1989. 

Approved June 26, 1989 

Kurt L. Schmoke, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 311 



(Council Bill NO. 565) 

AN ORDINANCE concerning 

LANDFILL PERMIT FEE 



f"' FOR the purpose of authorizing the Commissioner of Health, 

I subject to the approval of the Board of Estimates, to 

\ establish the annual permit fee for landfills. 



BY repealing and reordaining with amendments 
* Article 11 - Health 

Subtitle - Waste Material Disposal - Landfill 
^ Section 223(a) (4) 

,* Baltimore City Code (1983 Replacement Volume, as amended) 

^ Section 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

.-, BALTIMORE, That Section (s) of the Baltimore City Code (1983 

r^^ Replacement Volume, as amended) be added, repealed, or amended, 

f"' to read as follows: 
•i1 , ARTICLE 11 - HEALTH 

'y*'^ Waste Material Disposal - Landfill 

•-•^ 223. Permit for operation of landfill. 

f/^ (a) Every applicant for a permit or any renewal thereof, 

under the provisions of this subtitle, shall: 

(4) Said permit shall be renewable annually. The 
annual fee for such permit shall be [One Hundred Dollars 
($100.00)] DETERMINED BY THE COMMISSIONER, WITH THE APPROVAL OF 
THE BOARD OF ESTIMATES. 

Sec. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1989 

Kurt L. Schmoke, Mayor 



264 



Ord. No. 312 



CITY OF BALTIMORE 

ORDINANCE NO. 312 

(Council Bill No. 571) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of an open off-street parking area 
on the properties known as 301-313 E. Baltimore Street and 
5-17 South Street, as outlined in red on the plats 
accompanying this ordinance, subject to the condition that 
the permission is limited in time. 

BY authority of 

Article 30 - Zoning 

Section (s) 9.0-3d and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street 
parking area on the properties known as 301-313 E. Baltimore 
Street and 5-17 South Street, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Section (s) 
9.0-3d and 11.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended), title "Zoning", subject to the 
condition that the permission granted herein shall expire 12 
months after the date of enactment of this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



265 






r 



5? 



m 



Ord. No. 313 

CITY OP BALTIMORE 

ORDIMANCB HO. 313 

(Coiancil Bill Mo. 574) 

AN Ordinance concerning 

BEVERAGE CONTAINER TAX 

FOR the purpose of imposing a tax on metal, plastic and glass- 
type throw-away beverage containers. 



BY adding 

Article 28 - Taxes 

To come under a new subtitle "Beverage Container Tax" 
'^j Section 91 

I" . Baltimore City Code (1983 Replacement Volume, as amended) 

f '" ■ PREAMBLE 



WHEREAS, A burdensome problem has arisen in Baltimore City 
relating to the collection and disposal of throw-away metal, 
plastic, and glass-type beverage containers which must be 
disposed of in landfills; and 



C WHEREAS, Throw-away beverage containers mar our urban 

^ environment when they are thrown onto highways and roadsides, 

^ causing accidents and continuing litter; and 

#-'-- WHEREAS, Throw-away metal, plastic, and glass-type beverage 

1. — containers are a luxury item, to be distinguished from throw-away 

^isJ food containers which are daily household necessities to be 

••j^i shielded from taxation; and 



^ WHEREAS, The Mayor and City Council of Baltimore deem it 

JJU necessary and expedient to discourage the use of throw-away 

metal, plastic, and glass-type beverage containers and to provide 
that the City be compensated for the increased burden of 



C/^* collection and disposal; now, therefore, 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 28 - TAXES 

BEVERAGE CONTAINER TAX 

91. BEVERAGE CONTAINER TAX. 

(A) THERE IS HEREBY IMPOSED A TAX TO BE PAID AND COLLECTED 
AS HEREINAFTER PROVIDED UPON EVERY DISTRIBUTOR WHO SUPPLIES TO A 

266 



Ord. No. 313 



DEALER IN BALTIMORE CITY NON-REUSABLE BEVERAGE CONTAINERS 
CONTAINING BEVERAGES AS DEFINED HEREIN, AT THE RATE OF FOUR CENTO 
( 4 c) 2 CENTS UPON EACH NON-REUSABLE BEVERAGE CONTAINER WHICH HAS 
A NORMAL CAPACITY UP TO AND INCLUDING SIXTEEN (16) FLUID OUNCES, 
AND EIGHT CENTO (Oc) 4 CENTS UPON EACH NON-REUSABLE BEVERAGE 
CONTAINER WHICH HAS A NORMAL CAPACITY IN EXCESS OF SIXTEEN (16) 
FLUID OUNCES. 

(B) THE FOLLOWING WORDS AND PHRASES WHEN USED HEREIN 
SHALL, FOR THE PURPOSES OF THIS TAX, HAVE THE FOLLOWING MEANINGS: 

(1) "BEVERAGE" MEANS ANY BEER, ALE OR OTHER MALT 
BEVERAGES, WINE COOLERO DISTILLED SPIRITS. WINE. WINE COOLERS 
AND OTHER WINE PRODUCTS. FRUIT JUICE WIH LESS THAN 10% NATURAL 
FRUIT JUICE CONTENT . SOFT DRINKS, CARBONATED WATER AND ICE TEA IN 
LIQUID FORM INTENDED FOR HUMAN CONSUMPTION. THE WORD "BEVERAGE" 
DOES NOT INCLUDE ANY NATURAL WATER OR SPRING WATER. 

(2) "DEALER" MEANS EVERY PERSON WHO ENGAGES IN A 
RETAIL BUSINESS, INCLUDING OPERATORS OF VENDING MACHINES AN0^ 
BUSINESSES PERMITTING ON-PREMISES CONSUMPTION OF BEVERAGES.t_AND 
DISTRIBUTORS ENGAGING IN CASUAL RETAIL SALES . "DEALER" SHALL 
ALSO INCLUDE THE INDIVIDUAL OUTLETS IN BALTIMORE 

CITY OF MULTIPLE OUTLET RETAIL CHAIN STORES. 

(3) "DISTRIBUTOR" MEANS: 



(II) ANY PERSON WHO SUPPLIES AND SERVICES VENDING 
MACHINES WITH BEVERAGES IN BEVERAGE CONTAINERS. 



SUPPLIES BEVERAGE CONTAINERS TO ITS INDIVIDUAL OUTLETS IN 
BALTIMORE CITY. 

(4) "NON-REUSABLE BEVERAGE CONTAINER" MEANS ANY 
INDIVIDUAL, SEPARATE, SEALED GLASS, METAL, OR PLASTIC BOTTLE, 
CAN, JAR OR CARTON CONTAINING A BEVERAGE WHICH IS NOT ORDINARILY 
COLLECTED FROM CONSUMERS FOR REFILLING WITH A BEVERAGE. A 
BEVERAGE CONTAINER SHALL NOT BE CONSIDERED REUSABLE IF IT IS 
PHYSICALLY INCAPABLE OF REUSE OR IF IT IS THE TYPE FOR WHICH NO 
DEPOSIT IS REQUIRED TO BE PAID BY THE CONSUMER, NOR FOR WHICH ANY 
REFUND IS PAYABLE TO THE CONSUMER BY THE DEALER. 

(5) "SOFT DRINK" MEANS GINGER ALE, ROOT BEER, 
SARSAPARILLA, ANY NATURAL OR ARTIFICIAL MINERAL WATER, SODA 
WATER, COLA, OR OTHER CARBONATED OR NON-CARBONATED BEVERAGES 
COMMONLY KNOWN AS SOFT DRINKS. THE TERM "SOFT DRINK" DOES NOT 
INCLUDE DAIRY PRODUCTS, CONCENTRATED OR UNDILUTED FRUIT JUICES OR 
BEVERAGES CONTAINING AT LEAST TEN PERCENT (10%) NATURAL FRUIT 
JUICES. 



267 



3 






(I) ANY PERSON WHO SUPPLIES BEVERAGES IN BEVERAGE I ^ 

CONTAINERS TO A DEALER IN BALTIMORE CITY. ~ ^ 



■A 



(III) ANY MULTIPLE OUTLET RETAIL CHAIN STORE WHICH Z^ 



r 



Ord. No. 313 

(6) "SUPPLIES" MEANS THE ACT OF PROVIDING, FURNISHING, 
DELIVERING, DISTRIBUTING OR TRANSMITTING NON-REUSABLE BEVERAGE 
CONTAINERS BY A DISTRIBUTOR TO A DEALER IN BALTIMORE CITY. THE 
ACT OF SUPPLYING, PROVIDING, DISTRIBUTING OR TRANSMITTING SHALL 
BE DEEMED COMPLETED, AND LIABILITY FOR THE TAX SHALL ACCRUE UPON 
RECEIPT OF THE NON-REUSABLE BEVERAGE CONTAINER BY A DEALER IN 
BALTIMORE CITY. 

(C) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, COMMENCING 
OCTOBER 15, 1009 JANUARY 25. 1990 . AND CONTINUING ON THE i*5H 
25TH DAY FOLLOWING EACH SUCCESSIVE CALENDAR QUARTER MONTH 

,7- THEREAFTER, EVERY DISTRIBUTOR WHO SUPPLIES BEVERAGES IN NON- 

i-' REUSABLE BEVERAGE CONTAINERS IN THE CITY SHALL REMIT ALL TAXES 

DUE UNDER THIS SECTION TO THE DIRECTOR OF FINANCE FOR THE 
^. PREVIOUS CALENDAR MO NTH COMMEN CING ON DECEMBER 1. 1989 . THE SAID 

<»;^. TAXES SHALL BE SUBMITTED BY EVERY DISTRIBUTOR TO THE DIRECTOR OF 

C. FINANCE TOGETHER WITH A QUARTERLY REPORT OF ALL NON-REUSABLE 

|-* BEVERAGE CONTAINERS SUPPLIED BY THAT DISTRIBUTOR TO A DEALER IN 

BALTIMORE CITY. THE REPORT SHALL IDENTIFY THE NUMBER OF NON- 
REUSABLE BEVERAGE CONTAINERS SUPPLIED IN EACH SIZE CLASSIFICATION 
FOR TAX PURPOSES SPECIFIED IN SUBSECTION (A) HEREOF. A 
DISTRIBUTOR SHALL NOT BE LIABLE FOR THIS TAX WHERE DELIVERIES ARE 
r' TO CENTRAL WAREHOUSING SITES OF ORGANIZATIONS HAVING MULTIPLE 

RETAIL CHAIN OUTLETS OR TO VENDING MACHINE OPERATORS. 

(D) IF ANY DEALER SHALL TRANSPORT OR CAUSE TO BE TRANSPORTED 
^ INTO BALTIMORE CITY SUCH NON-REUSABLE BEVERAGE CONTAINERS, THAT 

DEALER SHALL BE LIABLE FOR THE PAYMENT OF THE TAX IMPOSED UNDER 
THIS SECTION UNLESS THAT DEALER OBTAINS FROM THE SUPPLIER OF SUCH 
CONTAINERS A WRITTEN CERTIFICATION IN A FORM APPROVED BY THE 
DIRECTOR THAT THE SUPPLIER IS LIABLE FOR AND IS PAYING THE TAX. 



r 

r 
c 



r" 
c 



?0' 



(E) IF ANY PERSON LIABLE FOR THIS TAX SHALL FAIL OR REFUSE 
TO REMIT THE TAX REQUIRED TO BE PAID HEREUNDER, OR TO MAKE A 
PROPER RETURN TO THE DIRECTOR OF FINANCE, IN THE AMOUNT SPECIFIED 
yr^ HEREIN, AND WITHIN THE TIME SPECIFIED THEREFOR BY THE DIRECTOR 

-;C3 THAT PERSON SHALL BE LIABLE FOR THE PAYMENT OF INTEREST AT THE 

i— RATE OF ONE PERCENT PER MONTH OR FRACTION THEREOF ON THE AMOUNT 

rl"1 OF THE TAX DUE FOR EACH MONTH OR PORTION THEREOF COMMENCING WITH 

(/!J THE DATE ON WHICH THE TAX IS DUE. SUCH PERSON SHALL ALSO BE 

LIABLE FOR THE PAYMENT OF PENALTY OF TEN PERCENT OF THE AMOUNT OF 
THE TAX DUE EXCLUDING INTEREST. ANY INTEREST AND PENALTY DUE 
HEREUNDER SHALL BE COLLECTED IN ADDITION TO THE AMOUNT OF THE 
BASIC TAX LIABILITY. 

fF) IT SHALL BE THE DUTY OF EVERY PERSON LIABLE FOR THE 
PAYMENT TO THE CITY OF THE TAX IMPOSED HEREUNDER TO KEEP AND 
PRESERVE. FOR A PERIOD OF FOUR YEARS. SUCH SUITABLE RECORDS AS 
MAY BE NECESS ARY TO DETE RMINE THE AMOUNT OF SUCH TAX FOR WHICH 
THAT PERSON MAY BE LIABLE. THE DIRECTOR OF FINANCE SHALL HAVE 
THE RIGHT TO INSPECT THESE RECORDS AT REASONABLE TIMES AND 
PMCES. 



268 



Ord. No. 313 

fF)- iSX IF ANY PERSON LIABLE FOR THIS TAX SHALL, WITHIN THE 
TIME SPECIFIED THEREFOR, FAIL OR REFUSE TO MAKE THE REPORT AND 
REMITTANCE AND SHALL FAIL TO KEEP AND PRESERVE SUITABLE RECORDS 
AS ARE REQUIRED HEREUNDER, THE DIRECTOR OF FINANCE SHALL ATTEMPT 
TO OBTAIN WHATEVER FACTS AND INFORMATION MIGHT BE AVAILABLE ON 
WHICH TO BASE AN ESTIMATE OF THE TAX DUE. AS SOON AS THE 
DIRECTOR OBTAINS SUCH FACTS AND INFORMATION ON WHICH AN ESTIMATE 
OF THE TAX DUE MAY BE BASED, THE DIRECTOR SHALL PROCEED TO 
DETERMINE THE TAX DUE AND ASSESS AGAINST THE PERSON LIABLE THE 
TAX DUE PLUS INTEREST AND PENALTIES PROVIDED FOR HEREIN. THE 
DIRECTOR SHALL NOTIFY THE PERSON LIABLE BY MAIL SENT TO THAT 
PERSON'S LAST KNOWN PLACE OF ADDRESS OF THE TOTAL AMOUNT OF SUCH 
TAX, INTEREST AND PENALTIES, AND THE TOTAL AMOUNT THEREOF SHALL 
BE PAYABLE WITHIN TEN DAYS FROM THE DATE OF SUCH NOTICE. 

(G) IT SHALL BE THE DUTY OF EVERY PERSON LIABLE FOR THE 
PAYMENT TO THE CITY OF THE TAX IMPOSED HEREUNDER TO KEEP AND 
PRESERVE, FOR A PERIOD OF FOUR YEARS, SUCH SUITABLE RECORDS AS ,' /) 

MAY BE NECESSARY TO DETERMINE THE AMOUNT OF SUCH TAX FOR WHICH 
THAT PERSON MAY BE LIABLE. THE DIRECTOR OF FINANCE SHALL HAVE 
THE RIGHT TO INSPECT THESE RECORDS AT REASONABLE TIMES AND 
PLACES . 



5 






? 




(H) THE DIRECTOR OF FINANCE SHALL FURNISH TO ANY DEALER IN 
BALTIMORE CITY AUDITABLE FORMS ON WHICH THE DEALER MAY CERTIFY 
THE NtJMBER OF NON-REUSABLE CONTAINERS DELIVERED BY THE DEALER TO 

CONSUMERS OUTSIDE BALTIMORE CITY. UPON SUBMISSION OF SUCH . -^ 

PROPERLY COMPLETED FORMS BY THE DISTRIBUTOR, THE DIRECTOR MAY ; ^ 

CREDIT AGAINST THE TAX LIABILITY OF THE DISTRIBUTOR THE AMOUNT OF - {^ 

TAX ORIGINALLY PAID UPON THE SUPPLYING OF SUCH CONTAINERS TO THE Z ^ 

dealer: false certification of such deliveries outside BALTIMORE " y 

CITY SHALL CONSTITUTE A VIOLATION OF THIS SECTION AND ANY PERSON "J 

COMMITTING SUCH A VIOLATION SHALL, IN ADDITION TO ANY OTHER f 

PENALTY, BE REQUIRED TO REIMBURSE THE DISTRIBUTOR FOR ANY TAX, 
INTEREST, OR PENALTIES BECOMING DUE HEREUNDER AS A RESULT OF THE 
DETERMINATION THAT A FALSE CERTIFICATION HAD BEEN SUBMITTED TO 
THE DIRECTOR. 

(I) WHENEVER ANY PERSON WHO IS REQUIRED TO PAY A TAX 
HEREUNDER SHALL CEASE DOING BUSINESS OR OTHERWISE DISPOSE OF HIS 
OR HER BUSINESS, ANY TAX PAYABLE HEREUNDER SHALL BECOME 
IMMEDIATELY DUE AND PAYABLE, AND SUCH PERSON SHALL WITHIN 3 DAYS 
OF SUCH CESSATION OF BUSINESS OR DISPOSITION OF SAID BUSINESS 
SUBMIT THE REQUIRED REPORT AND REMIT THE TOTAL AMOUNT OF THE TAX 
DUE. 

(J) EVERY PERSON OR OTHER LEGAL ENTITY WHO SHALL VIOLATE ANY 
OF THE PROVISIONS OF THIS SUBTITLE OR ANY OF THE RULES OR 
REGULATIONS MADE HEREUNDER BY THE DIRECTOR OF FINANCE, SHALL BE 
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF BY A COURT 
OF COMPETENT JURISDICTION, SHALL BE SUBJECT TO A FINE OF NOT MORE 
THAN $1,000 FOR EACH OFFENSE OR IMPRISONED NOT MORE THAN SIX (6) 
MONTHS, OR BOTH, FOR EACH OFFENSE. 

269 



->■'■ 



Ord. No. 314 



(K) THE TAX, INTEREST AND ANY PENALTY IMPOSED UNDER THIS 
SUBTITLE SHALL BE A LIEN UPON THE PROPERTY OF ANY PERSON OR OTHER 
LEGAL ENTITY LIABLE TO PAY THE TAX OR PENALTY TO THE CITY. 

(L) POWERS OF THE DIRECTOR OF FINANCE. 

IN ADDITION TO THE POWERS GRANTED TO THE DIRECTOR OF 
FINANCE IN CONNECTION WITH THE COLLECTION OF THE TAX IMPOSED BY 
THIS SECTION, HE IS HEREBY AUTHORIZED AND EMPOWERED: 

(1) TO MAKE, ADOPT, AND AMEND SUCH RULES AND 
REGULATIONS AS HE MAY DEEM NECESSARY OR PROPER TO FULLY COLLECT 
THE TAX AND TO DEFINE ANY TERMS USED IN CONNECTION WITH THE 
IMPOSITION AND COLLECTION OF SAID TAX. (COPIES OF SAID RULES AND 
REGULATIONS SHALL BE FILED WITH THE CITY DEPARTMENT OF 



'> LEGISLATIVE REFERENCE. ) ; 
'•Pi.'' 

r* (2) TO COMPROMISE DISPUTED CLAIMS IN CONNECTION WITH 

f"" THE TAX IMPOSED BY THIS SECTION, AND FOR GOOD AND SUFFICIENT 

f"' CAUSE SHOWN TO REMIT INTEREST AND PENALTIES; 



' (3) TO DELEGATE ANY OF HIS POWERS, DUTIES AND FUNCTIONS 

» IN CONNECTION WITH THE COLLECTION OF THE TAX IMPOSED BY THIS 

SECTION AND THE ENFORCEMENT OF THE PROVISIONS RELATING THERETO TO 
THE CITY COLLECTOR, OR ANY OTHER AGENT, REPRESENTATIVE OR 
EMPLOYEE OF THE MAYOR AND CITY COUNCIL OF BALTIMORE; 

;:: (4) TO EXTEND, FOR GOOD CAUSE SHOWN, THE TIME OF FILING 

^ ANY RETURN REQUIRED TO BE FILED FOR SUCH PERIOD OF TIME AS HE MAY 

DEEM REASONABLE; AND 

U— • (5) TO REFUND ANY TAX, INTEREST OR PENALTY THAT WAS 

^:;j ERRONEOUSLY, ILLEGALLY OR UNCONSTITUTIONALLY PAID. 

tLZ. SEC. 2. AND BE IT FURTHER ORDAINED. THAT THIS ORDINANCE AND 

>^ THE TAX IMPOSED BY IT SAHLL EXPIRE AND BE OF NO FURTHER EFFECT ON 

"yO JUNE 30. 1990. 

r^l SEC. a-r 3.5. AND BE IT FURTHER ORDAINED, That this ordinance 

(/^ shall take effect July 1, 1989. 



Approved June 26, 1989 



Kurt L. Schmoke, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 314 

(Council Bill No. 607) 

AN ORDINANCE concerning 

CITY STREET - OPENING CERTAIN STREETS AND ALLEYS OR PORTIONS 

270 



K 



Ord. No. 3X4 

THEREOF LYING WITHIN THE CAMDEN YARDS STADIUM SITE AND A PORTION 

OF RUSSELL STREET 

FOR the purpose of condemning and opening certain streets and 
alleys or portions thereof lying within the Camden Yards 
Stadium Site and a portion of Russell Street extending from 
Ostend Street Northeasterly 467 feet, more or less, in 
accordance with a plat thereof numbered 346-A-22 prepared by 
the Surveys and Records Division and filed in the Office of 
the Department of Public Works, on the First (1st) day of 
May, 1989. .«r /i 

BY authority of ^ ^ 

Article I - General Provisions ^J 

Section 4 •). ^ 

Article II - General Powers . f1« 

Sections 2, 34, 35 ^ 

Baltimore City Charter (1964 Revision, as amended) './) 



'3 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and open certain 
streets and alleys or portions thereof lying within the Camden 

Yards Stadium Site and a portion of Russell Street extending from / 

Ostend Street Northeasterly 467 feet, more or less; the streets "I 

and alleys or portions thereof hereby directed to be condemned 
for said opening are lying within the following described 
parcels: 

Beginning for Parcel No. 1 at the point formed by the ;;; i 

intersection of the south side of Camden Street, 66 feet wide, " y 

and the Right of Way Line of Through Highway for Interstate Route "^^ 

No. 395 and running thence binding on said Right of Way Line of f 

Through Highway for Interstate Route No. 395, Southerly 1988 J<^ 

feet, more or less, to intersect the northeast side of Henrietta -^ 

Street, 66 feet wide; thence binding on the northeast side of ^^ 

said Henrietta Street, Southeasterly 121 feet, more or less, to C*^ 

intersect another Right of Way Line of Through Highway for 
Interstate Route No. 395; thence binding on last said Right of 
Way Line of Through Highway for Interstate Route No. 395 the two 
following courses and distances; namely, Southerly, by a line 
curving to the right with a radius of 2346.83 feet the distance 
of 310 feet, more or less, and Southerly, by a line curving to 
the right with a radius of 903.47 feet the distance of 105 feet, 
more or less, to intersect the northeast side of Hamburg Street, 
66 feet wide; thence binding in part on Hamburg Street, 66 feet 
wide, in part on Hamburg Street 103.50 feet wide, and in all. 
Northwesterly, 1361 feet, more or less, to Hamburg Street varying 
in width; thence binding on last said Hamburg Street, 
Northwesterly by a line curving to the right with a radius of 
25.00 feet the distance of 17 feet, more or less, to intersect 
the southeast side of Russell Street, varying in width; thence 
binding on the southeast and northeast sides of said Russell 
Street the two following courses and distances; namely, 

271 



Ord. No. 314 

Northeasterly 72 feet, more or less, and Northwesterly 9 feet, 
more or less, to the southeast side of Russell Street 160 feet 
wide; thence binding on the southeast and east sides of last said 
Russell Street the two following coirrses and distances; namely. 
Northeasterly 180 feet, more or less, and Northerly by a line 
curving to the left with a radius of 1170.98 feet the distance of 
491 feet, more or less; thence by a straight line, Northwesterly 
95 feet, more or less, to intersect the east curb line of the 
north bound lane of last said Russell Street; thence binding on 
the east curb line of the north bound lane of last said Russell 
Street the two following courses and distances; namely. Northerly 
]!J' 805 feet, more or less, and by a line curving to the right 

.-" Northeasterly 4 39 feet, more or less; thence by another straight 

line. Southeasterly 82 feet, more or less, to intersect the line 
^- of the south side of Camden Street, 80 feet wide, if projected 

'»;„ westerly and thence binding in part reversely on said line so 

<L. projected, in part on the south side of Camden Street, 80 feet 

I'" wide, in part on the south side of Camden Street 66 feet wide and 

f'"* in all. Easterly 826 feet, more or less, to the place of 

r"^ beginning. 

\ Beginning for Parcel No. 2 at the point formed by the 

r intersection of the southeast side of Howard Street, 66 feet 

wide, and the southwest side of Hamburg Street, 66 feet wide and 
* running thence binding on the southwest side of said Hamburg 

Street, Southeasterly 3 34 feet, more or less, to intersect the 
^ Right of Way Line of Through Highway for Interstate Route No. 

0>- 395; thence binding on said Right of Way Line of Through Highway 

"^ for Interstate Route No. 395 the two following courses and 

distances; namely, Southwesterly by a line curving to the right 
^^ with a radius of 903.47 feet, the distance of 221 feet, more or 

r^^. less, and Southwesterly 105 feet, more or less, to intersect the 

p*'-' northeast side of Cross Street, 66 feet wide; thence binding on 

Jllj.^. , the northeast side of said Cross Street, Northwesterly 363 feet, 

yy' more or less, to the southeast side of said Howard Street and 

5'^ thence binding on the southeast side of said Howard Street, 

"jO Northeasterly 331 feet, more or less, to the place of beginning. 

pn Beginning for Parcel No. 3 at the point formed by the 

^^ intersection of the south side of Hamburg Street, 66 feet wide 

and the northwest side of Howard Street, 66 feet wide and running 
thence binding on the northwest side of said Howard Street, 
Southwesterly 1013 feet, more or less, to the northeast outline 
of the property known as No. 1220 S. Howard Street; thence 
binding on the northeast and northwest outlines of said property 
the three following courses and distances; namely. Northwesterly 
. 103 feet, more or less, Southwesterly 50 feet, more or less, and 
Southwesterly, by a line curving to the left with a radius of 
400.00 feet the distance of 64 feet, more or less, to the 
northeast side of Ostend Street, 66 feet wide; thence binding on 
the northeast side of said Ostend Street, Northwesterly 962 feet, 
more or less, to intersect the northwest curb line of the north 
bound service drive of Russell Street; thence binding on the 
northwest curb line of the north bound service drive of Russell 

272 



Ord. No. 314 

Street, Northeasterly 796 feet, more or less, to intersect the 

line of the northeast side of Cross Street, 66 feet wide, if 

projected northwesterly; thence binding reversely on last said 

line so projected. Southeasterly 86 feet, more or less, to the 

northeast side of Cross Street, 66 feet wide; thence binding on 

the northeast side of Russell Street, varying in width. 

Northwesterly by a line curving to the right with a radius of 

40.00 feet the distance of 57 feet, more or less, to the 

southeast side of Russell Street, 220 feet wide; thence binding 

on the southeast side of last said Russell Street, Northeasterly 

237 feet, more or less, to the southeast side of Russell Street, xtf^f 

varying in width; thence binding on the southeast side of last '• ^ 

said Russell Street, Northeasterly, by a line curving to the * ^ 

right with a radius of 45.00 feet, the distance of 25 feet, more "2 

or less, to the southwest side of Hamburg Street, 103.50 feet I *T3 

wide; thence binding on the southwest side of last said Hamburg . f^ 

Street, Southeasterly 589 feet, more or less, to intersect the Tv 

northwest side of Eutaw Street, 66 feet wide; thence by a ( /^ 

straight line. Easterly 75 feet, more or less, to the point ,■< 

formed by the intersection of the southeast side of said Eutaw H 

Street and the southwest side of Hamburg Street, 66 feet wide and . i* 

thence binding on the southwest side of last said Hamburg Street, 

Southeasterly 330 feet, more or less, to the place of beginning. ,-* 

Beginning for Parcel No. 4 at the point formed by the ' 
intersection of the northeast side of Ostend Street, 66 feet wide 

and the northwest curb line of the north bound service drive of ^ 

Russell Street and extending from the surface of the ; ^ 

superstructure of the Russell Street Viaduct and descending to an "? 

elevation of unlimited depth and running thence binding on the - J 

northeast side of said Ostend Street, Northwesterly 125* feet, •* / 

more or less, to intersect the southeast curb line of the south "^^ 

bound service drive of Russell Street; thence binding on the T 

southeast curb line of the south bound service drive of Russell ^^ 

Street, Northeasterly 467 feet, more or less; thence by a -^ 

straight line Southeasterly 125 feet, more or less, to intersect ^-^ 

the northwest curb line of the north bound service drive of ^^ 
Russell Street and thence binding on the said northwest curb line 
of the north bound service drive of Russell Street, Southwesterly 
467 feet, more or less, to the place of beginning. 

•Saving and excepting from the hereinabove described parcels 
that portion of Interstate Route No. 395 and Martin Luther King, 
Jr. Boulevard extending from a plane at the superstructure and 
ascending to an unlimited height. 

The said streets and alleys or portions thereof as directed 
to be condemned being more particularly described and referred to 
among the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 34 6-A-22 which was filed in 
the Office of the Department of Public Works on the First (1st) 
day of May in the year 1989, and is now on file in said office. 



273 



Ord. No. 315 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works, with reference to the 
condemnation and opening of said streets and alleys or portions 
thereof and the proceedings and rights of all parties interested 
or affected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision, as amended) and any and all amendments 
thereto, and any and all other Acts of the General Assembly of 
Maryland, and any and all ordinances of the Mayor and City 
, Council of Baltimore, and any and all rules or regulations in 

?'' effect which have been adopted by the Director of Public Works 

•**•* and filed with the Department of Legislative Reference. 

^-' SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 



shall take effect on the date of its enactment 



c 

I"* Approved June 26, 1989 

f"" KURT L. SCHMOKE, Mayor 

c 

•. CITY OP BALTIMORE 

ORDINANCE NO. 315 
(Council Bill No. 608) 

f AN ORDINANCE concerning 

CITY STREET - CLOSING CERTAIN STREETS AND ALLEYS OR PORTIONS 
-^' THEREOF LYING WITHIN THE CAMDEN YARDS STADIUM SITE AND A PORTION 

J,.-^ OF RUSSELL STREET 

^^'f FOR the purpose of condemning and closing certain streets and 

^^ alleys or portions thereof lying within the Camden Yards 

7^ stadium Site and a portion of Russell Street extending from 

yO Ostend Street Northeasterly 467 feet, more or less, in 

■*j^*- accordance with a plat thereof numbered 346-A-22A prepared 

r|*J by the Surveys and Records Division and filed in the Office 

C/<^ of the Department of Public Works, on the First (1st) day of 

May, 1989. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and close certain 
streets and alleys or portions thereof lying within the Camden 
Yards Stadium Site and a portion of Russell Street extending from 

274 



I 



"2. 



Ord. No. 315 

Ostend Street Northeasterly 467 feet, more or less; the streets 
and alleys or portions thereof hereby directed to be condemned 
for said closing are lying within the following described 
parcels: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the south side of Camden Street, 66 feet wide, 
and the Right of Way Line of Through Highway for Interstate Route 
No. 395 and running thence binding on said Right of Way Line of 
Through Highway for Interstate Route No. 395, Southerly 1988 
feet, more or less, to intersect the northeast side of Henrietta 

Street, 66 feet wide; thence binding on the northeast side of ^^ 

said Henrietta Street, Southeasterly 121 feet, more or less, to "I ^ 

intersect another Right of Way Line of Through Highway for 

Interstate Route No. 395; thence binding on last said Right of . ^^ 

Way Line of Through Highway for Interstate Route No. 395 the two .' f^ 

following courses and distances; namely, Southerly, by a line ' -^ 

curving to the right with a radius of 2346.83 feet the distance ' yj 

of 310 feet, more or less, and Southerly, by a line curving to ,..^ 

the right with a radius of 903.47 feet the distance of 105 feet, -4 

more or less, to intersect the northeast side of Hamburg Street, , .^ 

66 feet wide; thence binding in part on Hamburg Street, 66 feet 
wide, in part on Hamburg Street, 103.50 feet wide and in all. 

Northwesterly, 1361 feet, more or less, to Hamburg Street varying / 

in width; thence binding on last said Hamburg Street, "1 

Northwesterly by a line curving to the right with a radius of 
25.00 feet the distance of 17 feet, more or less, to intersect 
the southeast side of Russell Street, varying in width; thence 
binding on the southeast and northeast sides of said Russell 
Street the two following courses and distances; namely, 

Northeasterly 72 feet, more or less, and Northwesterly 9 feet, - y 

more or less, to the southeast side of Russell Street 160 feet 
wide; thence binding on the southeast and east sides of last said f 

Russell Street the two following courses and distances; namely, "^(^ 

Northeasterly 180 feet, more or less, and Northerly by a line -^^ 

curving to the left with a radius of 1170.98 feet the distance of 
491 feet, more or less; thence by a straight line. Northwesterly 
95 feet, more or less, to intersect the east curb line of the 
north bound lane of last said Russell Street; thence binding on 
the east curb line of the north bound lane of last said Russell 
Street the two following courses and distances; namely. Northerly 
805 feet, more or less, and by a line curving to the right 
Northeasterly 4 39 feet, more or less; thence by another straight 
line, Southeasterly 82 feet, more or less, to intersect the line 
of the south side of Camden Street, 80 feet wide, if projected 
westerly, and thence binding in part reversely on said line so 
projected, in part on the south side of Camden Street, 80 feet 
wide, in part on the south side of Camden Street, 66 feet wide, 
and in all, Easterly 826 feet, more or less, to the place of 
beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the southeast side of Howard Street, 66 feet 
wide, and the southwest side of Hamburg Street, 66 feet wide and 

275 



^^ 



C^ 



,** 



Ord. No. 315 

running thence binding on the southwest side of said Hamburg 
Street, Southeasterly 334 feet, more or less, to intersect the 
Right of Way Line of Through Highway for Interstate Route No. 
395; thence binding on said Right of Way Line of Through Highway 
for Interstate Route No. 395 the two following courses and 
distances; namely, Southwesterly by a line curving to the right 
with a radius of 903.47 feet, the distance of 221 feet, more or 
less and Southwesterly 105 feet, more or less, to intersect the 
northeast side of Cross Street, 66 feet wide; thence binding on 
the northeast side of said Cross Street, Northwesterly 363 feet, 
more or less, to the southeast side of said Howard Street and 
thence binding on the southeast side of said Howard Street, 
Northeasterly 331 feet, more or less, to the place of beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the south side of Hamburg Street, 66 feet wide 
C' and the northwest side of Howard Street, 66 feet wide and running 

I"" thence binding on the northwest side of said Howard Street, 

\"" Southwesterly 1013 feet, more or less, to the northeast outline 

f' ' of the property known as No. 1220 S. Howard Street; thence 

r binding on the northeast and northwest outlines of said property 

*, the three following courses and distances; namely. Northwesterly 

r 103 feet, more or less. Southwesterly 50 feet, more or less, and 

Southwesterly, by a line curving to the left with a radius of 
* 400.00 feet the distance of 64 feet, more or less, to the 

northeast side of Ostend Street, 66 feet wide; thence binding on 
J the northeast side of said Ostend Street, Northwesterly 962 feet, 

^ more or less, to intersect the northwest curb line of the north 

J bound service drive of Russell Street; thence binding on the 

northwest curb line of the north bound service drive of Russell 
Street, Northeasterly 796 feet, more or less, to intersect the 
line of the northeast side of Cross Street, 66 feet wide, if 
r-'^j projected northwesterly; thence binding reversely on last said 

l^U-i line so projected. Southeasterly 86 feet, more or less, to the 

•jj,^'' northeast side of Cross Street, 66 feet wide; thence binding on 

U'^ the northeast side of Russell Street, varying in width, 

J^O Northwesterly by a line curving to the right with a radius of 

•i-;* 40.00 feet the distance of 57 feet, more or less, to the 

p' " southeast side of Russell Street, 220 feet wide; thence binding 

(J^ on the southeast side of last said Russell Street, Northeasterly 

237 feet, more or less, to the southeast side of Russell Street, 
varying in width; thence binding on the southeast side of last 
said Russell Street, Northeasterly, by a line curving to the 
right with a radius of 45.00 feet, the distance of 25 feet, more 
or less, to the southwest side of Hamburg Street, 103.50 feet 
wide; thence binding on the southwest side of last said Hamburg 
Street, Southeasterly 589 feet, more or less, to intersect the 
northwest side of Eutaw Street, 66 feet wide; thence by a 
straight line, Easterly 75 feet, more or less, to the point 
formed by the intersection of the southeast side of said Eutaw 
Street and the southwest side of Hamburg Street, 66 feet wide and 
thence binding on the southwest side of last said Hamburg Street, 
Southeasterly 330 feet, more or less, to the place of beginning. 

276 



r 



I 



Ord. No. 315 

Beginning for Parcel No. 4 at the point formed by the 
intersection of the northeast side of Ostend Street, 66 feet wide 
and the northwest curb line of the north bound service drive of 
Russell Street and extending from the surface of the 
superstructure of the Russell Street Viaduct and descending to an 
elevation of unlimited depth and running thence binding on the 
northeast side of said Ostend Street, Northwesterly 125 feet, 
more or less, to inter sett the southeast curb line of the south 
bound service drive of Russell Street; thence binding on the 
southeast curb line of the south bound service drive of Russell 

Street, Northeasterly 467 feet, more or less; thence by a ^^ ,^^ 

straight line Southeasterly 125 feet, more or less, to intersect . ^ 

the northwest curb line of the north bound service drive of '' /^ 

Russell Street and thence binding on the said northwest curb line ^? 

of the north bound service drive of Russell Street, Southwesterly • "^ 

467 feet, more or less, to the place of beginning. , f^ 

Saving and excepting from the hereinabove described parcels /'/) 

that portion of Interstate Route No. 395 and Martin Luther King, r«^ 

Jr. Boulevard extending from a plane at the superstructure and H 

ascending to an unlimited height. . ^ 



9 



c;? 



The said streets and alleys or portions thereof as directed 
to be condemned being more particularly described and referred to 
among the Land Records of Baltimore City and delineated and *! 

particularly shown on a plat numbered 346-A-22A which was filed 

in the Office of the Department of Public Works on the First ^-^ 

(1st) day of May in the year 1989 and is now on file in said ' ^ 

Office. "? 

•'J 
SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway •* > 

or highways shall have been closed under the provisions of this "^^ 

Ordinance, all subsurface structures , support structures and f 

appurtenances now owned by the Mayor and City Council of J<^ 

Baltimore, shall be and continue to be the property of the Mayor -^ 

and City Council of Baltimore, in fee simple, until the use '^'' 

thereof shall be abandoned by the Mayor and City Council of 

Baltimore, and in the event that any person, firm or corporation 

shall desire to remove, alter or interfere therewith, such 

person, firm or corporation shall first obtain permission and 

permits therefor from the Mayor and City Council of Baltimore, 

and shall in the application for such permission and permits 

agree to pay all costs and charges of every kind and nature made 

necessary by such removal, alteration or interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures , support structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, over which said 
buildings or structures are proposed to be constructed or erected 
shall have been abandoned or shall have been removed and relaid 
in accordance with the specifications and under the direction of 

277 



Ord. No. 316 

the Director of Public Works and the f^nppi ssioner of 
Transportation of Baltimore City, and at the expense of the 
person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures , support structures and 
appurtenances owned by any person, firm or corporation, other 
«-.- than the Mayor and City Council of Baltimore, shall upon notice 

#^]'^ from the Director of Public Works and the Commissioner of 

***'' Transportation of Baltimore City, be promptly removed by and at 

the expense of the said owners. 

> SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 

';7; closing of said highway or highways, the said Mayor and City 

1'^^ Council of Baltimore, acting through its duly authorized 

\" ^ representatives, shall, at all times, have access to said 

f'" property and to all subsurface structures , support structures and 

jl' appurtenances used by it therein, for the purposes of inspection, 

»• maintenance, repair, alteration, relocation and/ or replacement, 

' of any or all of said structures and appurtenances, and this 

without permission from or compensation to the owner or owners of 

* said land. 



m SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 

^ said Department of Public Works with reference to the 

^ condemnation and closing of said streets and alleys or portions 

thereof and the proceedings and rights of all parties interested 
f*"' or affected thereby, shall be regulated by, and be in accordance 

1-'-^ with, any and all applicable provisions of Article 4 of the Code 

(^Aj of Public Local Laws of Maryland and the Charter of Baltimore 

City (1964 Revision, as amended) and any and all amendments 
thereto, and any and all other Acts of the General Assembly of 
^^, Maryland, and any and all ordinances of the Mayor and City 

?ty^ Council of Baltimore, and any and all rules or regulations in 

•!J!I ^ effect which have been adopted by the Director of Public Works 

r\* and filed with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1989 

KURT L. SCHMOKE, Mayor 



?0' 
7t 



CITY OF BALTIMORE 

ORDINANCE NO. 316 

(Council Bill NO. 621) 



278 



Ord. No. 317 

AN ORDINANCE concerning 

TO LEVY AND COLLECT A TAX 

FOR the use of the Mayor and City Council of Baltimore for the 
period of July 1, 1989 through June 30, 1990. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That for the period July 1, 1989 through June 30, 
1990, a tax of $6.00 be and the same is hereby levied and imposed 
on every One Hundred Dollars ($100.00) of assessed or assessable ,^ ^^ 

value of property in the City of Baltimore (excepting such j ^ 

property as may by provisions of law be exempted from this rate) " ^| 

for the use of the Mayor and City Council of Baltimore, and said 2 



tax shall be collected and paid in the manner prescribed by law 



CITY OF BALTIMORE 

ORDINANCE NO. 317 

(Council Bill No. 649) 



rft 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance vd 

shall take effect on the date of its enactment. \ /) 

Approved June 26, 1989 H 

KURT L. SCHMOKE, Mayor . C. 



1 
1 



AN ORDINANCE concerning Z ^ 

REVENUE BONDS (RETS ELECTRONIC SCHOOLS PROJECT) "' ^ 

FOR the purpose of authorizing the Mayor and City Council of ^j^ 

Baltimore to approve the relocation of the RETS Electronic ""^ 

Television School (the "Facility") from 511 Russell Street, i-H 

850 South Eutaw Street and 700 South Eutaw Street in ^^ 

Baltimore City, to a 3.2 acre tract of land located at the 
• intersection of Joh and Caton Avenues in Baltimore City, the 
acguisition of the original Facility having been financed by 
the issuance and sale by the Mayor and City Council of 
Balitmore of its Baltimore City, Maryland Industrial 
Development Revenue Bonds (RETS Electronic Schools Project), 
1983 Series in the original principal amount of $774,000 and 
the subsequent loan of the proceeds of the sale of the Bonds 
to the Radio Electronic Television Schools, Inc., doing 
business as RETS Electronic Schools, the said loan remaining 
outstanding; making certain legislative findings, among 
others, that the said relocation has been necessitated by 
the condemnation of the 511 Russell Street, 850 South Eutaw 
Street and 700 South Eutaw Street properties by the Maryland 
Stadium Authority, that the relocation of the Facility shall 
consist of the acquisition of certain land and the 
construction of a 36,000 square foot, three-story building 

279 



Ord. No. 317 

thereon, the construction of such building and the purchase 
and installation of certain machinery and equipment therein, 
for use by the RETS Electronic Schools as a private post- 
secondary technical school with laboratories and classrooms, 
that the approval by the Mayor and City Council of Baltimore 
of the relocation of the Facility will serve to promote the 
general purposes contemplated by the Charter of Baltimore 
City without any additional expense to the City by (a) 
sustaining jobs and employment in Baltimore City; (b) 
promoting economic development in Baltimore City; (c) 
_... encouraging the increase of industry and a balanced economy 

.^]^ in Baltimore City; and (d) providing a valuable facility for 

***" the education and training of high technology personnel; 

authorizing the Board of Finance of the City to do all 
y*' ' things necessary, proper and expedient in connection with 

t^" the relocation of the Facility; and generally providing for 

^•7; and determining various matters and details in connection 

■" with the approval of the relocation of the Facility by the 

Mayor and City Council. 



^ RECITALS 

-. Pursuant to the authority of sub-section (50) or 

' Article II of the Charter of Baltimore City (1964 Revision, as 

amended) (the "Enabling Law") , the Mayor and City Council of 
Baltimore (the "City") passed Ordinance No. 991 authorizing the 
issuance and sale of the City's industrial development revenue 
w bonds in the aggregate principal amount not to exceed $1,000,000 

^ (the "Bonds") and making the proceeds of the Bonds available to 

^ the Radio Electronic Television Schools Inc. , a Maryland 

corporation, doing business as RETS Electronic Schools (the 
"Corporation") . The proceeds of the bonds were used by the 
^ Corporation to finance the costs of acquisition and completion of 

f\^ the project (the "Original Project") consisting generally of: (a) 

-•jrji approximately .75 acres of land located at 700 South Eutaw Street 

2^^ and 850 South Eutaw Street in Baltimore City including the 18,000 

>J^ square foot building existing thereon, (b) the renovation of such 

pO building, and (c) the acquisition and installation in such 

•^ building of any and all machinery and equipment necessary in 

Fyi connection with the operation thereof. By virtue of its passage 

C/^' of Ordinance No. 991, the City declared that the financing of the 

Original Project would accomplish the purposes, objects, and 
powers of the City as set forth in the Enabling Law. 

Pursuant to its authority under Subtitle 7 of Title 13 
of the Financial Institutions Article of the Annotated Code of 
Maryland, Section 13-711 (1986 Replacement Volume, as amended), 
the Maryland Stadium Authority (the "Authority") has acquired the 
Corporation's land and improvements located at 511 Russell 
Street, 700 South Eutaw Street and 850 South Eutaw Street through 
the exercise of the Authority's powers of ordinary condemnation. 

As a result of the condemnation of the Corporation's 
land and improvements by the Authority, the Corporation must 
relocate the Facility. The Corporation intends to relocate the 

280 



Ord. No. 317 

Facility upon a 3.2 acre tract of land (the "Land") located at 

the intersection of Joh and Caton Avenues in Baltimore City. The 

new Facility (hereinafter referred to as the "New Project") shall 

consist of (a) the acquisition of the Land; (b) construction of a 

36,000 square foot, three story building consisting of classroom, 

laboratory and administrative space; and (c) the acquisition and 

installation in such building of any or all machinery and 

equipment as may be necessary or useful in connection with the 

operation thereof, including classroom equipment, student desks, 

and receptionists' equipment. The New Project will be owned by 

the Corporation and used as a private post-secondary technical ,, ^^ 

school with laboratories and classrooms. ■ ^ 

Pursuant to the Land Disposition Agreement dated ^X 
November 16, 1988, and with the approval of the Board of , "^ 

Estimates of Baltimore City, the Borrower has purchased the Land f^ 

from the Mayor and City Council of Baltimore. By the Deed dated '^ 

February 17, 1989, and for such consideration as is set forth ^V) 

therein, the Mayor and City Council of Baltimore has conveyed the ^^ 

Land in fee simple to the Borrower. -H 

- ■«• 

The New Project is an "undertaking" which will 

accomplish the purposes, objects, and powers of the City under .^ 

the Enabling Law by assisting in the relief of conditions of / 

unemployment in Baltimore City, encouraging the increase of "1 
industry and a balanced economy in Baltimore City, promoting 
economic development in Baltimore City, and generally promoting 
the health, welfare and safety of the residents of Baltimore 
City. To achieve these ends. Ordinance No. 991 must be amended 
by the City to allow the Corporation to relocate and acquire the 

New Project. * y 



B 



NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: T 

SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF "^y^ 

BALTIMORE, That it is hereby found and determined that the 
acquisition of the New Project by the Corporation constitutes an 
"undertaking" which will accomplish the purposes, objects, and 
powers of the City contemplated by the Enabling Law, which are 
to: a) sustain jobs and employment in Baltimore City; (b) promote 
economic development in Baltimore City (c) encourage the increase 
of industry and a balanced economy in Baltimore City; and (d) 
generally promote the health, welfare and safety of the residents 
of Baltimore City. Specifically it is hereby found and 
determined that the acquisition of the New Project will (i) 
sustain employment by retaining approximately 75 jobs in 
Baltimore City, (ii) promote the economic development of the area 
of the New Project, (iii) encourage the increase of industry in 
the area of the New Project as a result of the improvements 
(streets, water and sewer, and utilities) resulting from the 
acquisition of the New Project, and (iv) promote the health and 
welfare of the residents of Baltimore City by providing for them 
a valuable facility for the education and training of high 
technology personnel. Accordingly, acting pursuant to the 

281 



Ord. No. 317 

Enabling Law, the relocation of the RETS Electronic Schools 
Project from the Original Project located at 511 Russell Street, 
700 South Eutaw Street and 850 South Eutaw Street to the New 
Project to be located on the parcel of land at the intersection 
of Joh and Caton Avenues in Baltimore City is hereby approved. 

SEC. 2. AND BE IT FURTHER RESOLVED, That the foregoing 
public benefits shall be achieved without the incurrence by the 
City of any additional cost or expense in connection with the 
Baltimore City, Maryland Industrial Development Revenue Bonds 
^. , (RETS Electronic Schools Project), 1983 Series (the "Bonds") the 

iJ"* proceeds from the sale of which were loaned to the Corporation in 

•*•'* order to finance the acquisition of the Original Project. 



r" 



SEC. 3. AND BE IT FURTHER RESOLVED, That Ordinance No. 991 
which approved the issuance and sale of the Bonds is hereby 
<•-' amended to reflect that the Facility shall henceforth consist of: 

I"" (a) the acquisition of a tract of land containing approximately 

f*** 3.2 acres located at the intersection of Joh and Caton Avenues in 

f'"" Baltimore City; (b) construction of a 36,000 square foot three 

/ story building consisting of classroom, laboratory and 

^. administrative space; and (c) the acquisition and installation in 

I such building of any or all machinery and equipment as may be 

necessary or useful in connection with the operation thereof. 



SEC. 4. AND BE IT FURTHER RESOLVED, That, as permitted by 
C the Enabling Law, the Board of Finance of Baltimore City is 

•^ hereby authorized to (a) approve the terms and conditions of the 

J acquisition of a facility by the Borrower including but not 

limited to the terms and conditions of any documents to be 
-.— executed and delivered by the City (including the Deed of Trust, 

J,,--. Modification Agreement, customary financing statements, and 

r;,^Jf closing certificates) , under which the Corporation shall acquire 

*.^-ji the New Project; and (b) do any and all things necessary, proper 

Cjli or expedient in connection with the acquisition by the 

>*f Corporation of the New Project. 

•^ SEC. 5. AND BE IT FURTHER RESOLVED, That any and all 

n^J necessary Deeds of Trust, Modification Agreements or Financing 

C/»^ statements required for the consummation of the acquisition of 

the New Project as authorized by this Ordinance may be executed 
on behalf of the City by the Mayor of the City, or by the Chief, 
Bureau of Treasury Management of the City, or by such other 
appropriate official of the City as may be designated by the 
Mayor of the City. 

SEC. 6. AND BE IT FURTHER RESOLVED, That, the provisions of 
this Ordinance are severable, and if any provision, sentence, 
clause, section or part hereof is held illegal, invalid or 
unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or 
inapplicability shall not affect or impair any of the remaining 
provisions, sentences, clauses, sections, or parts of this 
Ordinance or their application to other persons or circumstances. 

282 



Ord. No. 318 

It is hereby declared to be the legislative intent that this 
Ordinance would have been passed if such illegal, invalid or 
unconstitutional provision, sentence, clause, section or part had 
not been included herein, and if the person or circumstances to 
which this Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

SEC. 7. AND BE IT FURTHER RESOLVED, That other than as 
supplemented by this Ordinance, all other provisions of Ordinance 
No. 991 shall remain in full force and effect. 

SEC. 8. AND BE IT FURTHER RESOLVED, That the passage of this * Z^ 

Ordinance shall not in any way indicate the approval of, or ' ^ 

constitute any commitment for approval by, the City or any of its ^? 

officers or employees of, any license, permit, application or any "^ 

other request to the City with respect to the financing of or the f^ 

acquisition of the New Project. '^ 

SEC. 9. AND BE IT FURTHER RESOLVED, That no further action ,-*> 

by the City is necessary to effect the approval of the relocation H 

of the Facility and acquisition of the New Project by the . C 
Corporation. 

SEC. 10. AND BE IT FURTHER RESOLVED, That this Ordinance \ 

shall take effect on the date of its enactment. ^ 

Approved June 26, 1989 ^ -^ 

Kurt L. Schmoke, Mayor '^ ^ 



ORDINANCE NO. 318 
(Council Bill No. 551) 

AN ORDINANCE concerning 

PARKING TAX 

FOR the purpose of changing the eoaputation and rate of the 
parking tax; modifying and adding to the definitions; 
clarifying exemptions and eliminating certain exemptions; 
requiring monthly reporting of certain information for each 
facility; eliminating certain deductions from the tax; and 
generally relating to the parking tax. 

BY repealing and reordaining with amendments 
Article 28 - Taxes 
Subtitle - Parking Tax 
Section 73 



283 



ENROLLED '^ y 

CITY OP BALTIMORE f 



i 



Ord. No. 318 

Baltimore City Code (1983 Replacement Volume, as eunended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

•ARTICLE 28 - TAXES 

PARKING TAX 
73. Provisions. 

(a) For the purposes of this subtitle, the following terms 
are defined as herein set forth: 

*^ (1) "City." The Mayor and City Council of Baltimore. 

C- (2) "Director." The Director of Finance of the City, 

r* (3) "FACILITY." ANY GARAGE OR PARKING LOT. 

f [(3)] (4) "Motor Vehicle." Any self-propelled vehicle. 

p [(4)] (5) "Operator." Any individual, partnership, 

/•' association, corporation, or other legal entity who controls, 

^. conducts or operates a parking lot or garage which offers of f- 

' street parking accommodations for a fee. 



?=' 



r 
c 



* [(5)] (6) "Garage." Any building or other structure in 

which three or more motor vehicles may be parked, stored, housed, 

J or kept for a charge or fee. 

'' [(6)] (7) "Parking." The parking, storing, housing or 

J keeping of a motor vehicle. 

[(7)] (8) "Parking Lot." Any outdoor area or space 
where three or more motor vehicles may be parked, stored, housed 
or kept for a charge or fee. 

r;;J [(8)] (9) "Transaction." The parking, storing, housing 

or keeping of a motor vehicle on a parking lot or garage, in the 

^'y city of Baltimore, for a charge or fee. 

>'' 

jO (b) (1) There is hereby levied and imposed upon the privilege 

"HIJ^^ of parking a motor vehicle in or on any parking lot or garage in 

r\J the City of Baltimore^ — [a tax of twenty cento ($.20) — for each 

C/^ aotog vehicle parked in or on each parking lot e g garage, FOR 

WHICH A CHARGE IS MADE ON AN HOURLY OR DAILY BASIS 35 CENTS for 
each twenty-four (24) hour period or any fraction thereof. 
Effective the first day of the month following passage of this 
ordinance, if a motor vehicle is parked in or on a parking lot or 
garage for which a charge is made on a weekly or monthly basis, 
the amount of tax shall be one ($1.00) $2.50 per week, or *«tMf 
($ 4 .00) $10 per month. Parking charges or fees for a period 
other than daily, weekly, or monthly, shall be computed by 
multiplying the sum of twenty cents ($.20), one dollar ($1.00), 
or four dollars ($ 4 .00) 3 5 CENTS, $2.50, OR $10, whichever amount 
is applicable, by the total number of days, weeks, or months in 
the particular period of time involved. The weekly tax of one 
dollar ($1.00) $2.50, and the monthly tax of four dollaro ($ 4 .00) 
$10, shall not be increased or decreased on account of Saturdays, 

284 



Ord. No. 318 

Sundays, or holidays as defined in Sections 9 and 11 of Article 
13 of the Annotated Code of Maryland (1968 Replacement Volume) , 
falling within such weekly or monthly period of time, whether or 
not the motor vehicle is actually parked in or on said parking 
lot or garage on such days, ] A TAX AT TIIE RATE OF FIFTEEN PER 
CENTUM (15%) OF THE PARKING CHARGE OR FEE FOR EACH TRANSACTION. 

(2) EFFECTIVE JULY 1, 1990, THE HOURLY OR DAILY TAX 
RATE WILL BE 40 CENTS, THE WEEKLY TAX RATE WILL BE $2.75, AND THE 
MONTHLY TAX RATE WILL BE $11. 

\:^ 

(C) This tax shall not apply to residential parking of fli 

apartment tenants where an arrangement for such tenant parking is -^ 

provided in the apartment lease or in a separate writing between ,'yj 

the landlord and tenant, whether the parking charge be payable to 
the landlord or to the operator of the parking lot or garage. 



(3) EFFECTIVE JULY 1, 1991, THE HOURLY OR DAILY RATE 
WILL BE 45 CENTS, THE WEEKLY TAX RATE WILL BE $3, AND THE MONTHLY 
TAX RATE WILL BE $12. 






[Provided, that all owners or operators of business 
establishments or professional offices in Baltimore City who pay 

the parking charge or fee for the parking of motor vehicles of C y 

their customers or clients in or on any parking lot or garage in ~ fl 
the City of Baltimore shall be exempt from the payment of the tax 

imposed hereunder. In the event the customer or client is ,^ 

subject to any charge or fee by the parking lot or garage, in - ^ 

addition to the charge or fee for which the owner or operator of » jp 

the business establishment or professional office is liable, then Z ^ 

the tax hereby levied and imposed shall be collected on such ^y 

additional charge or fee in accordance with subsection (c) of '*'T 

this subtitle.] f 

[ (c) ] (D) The tax imposed by this subtitle shall be -^ 

collected by the operator of the parking lot or garage at the jj.^ 

time of, and in addition to, whatever other charges are made for C*^ 

the parking of the motor vehicle[.], WHETHER SUCH CHARGE IS MADE 
ON AN HOURLY, DAILY, WEEKLY, MONTHLY, OR OTHER BASIS. 

[ (d) ] (E) [Commencing on August 25, 1968, and not] NOT later 
than the twenty-fifth day of each [succeeding] calendar month, 
the operator of every parking lot or garage shall remit to the 
Director of Finance [his] THE receipts [of such] FROM THE tax for 
the preceding calendar month. EACH MONTHLY REMITTANCE WILL BE 
ACCOMPANIED BY SUCH REPORTS AS MAY BE PRESCRIBED BY THE DIRECTOR 
OF FINANCE ON FORMS IDENTIFYING FOR EACH FACILITY THE NAME, 
ADDRESS, ACCOUNT NUMBER, CAPACITY, PARKING CHARGES OR FEEC, GROSS 
RECEIPTS , FEES. OR RATE SCHEDULE. NUMBER AND TYPE OF TRANSACTIONS 
AND SUCH OTHER INFORMATION AS MAY BE NECESSARY OR CONVENIENT TO 
FULLY COLLECT THE TAX IMPOSED BY THIS SUBTITLE. 

[(e)] (F)(1) Every operator of a parking lot or garage shall 
keep complete and accurate records of all motor vehicles parked 

285 



Ord. No. 318 

on an hourly, daily, weekly, monthly or other basis on his 
parking lot or garage, together with the eunount of tax collected 
from all transactions, and shall keep all claim checks and such 
other pertinent records and documents as are necessary to 
determine the amount of tax due. Such records and other 
pertinent data shall be open at all times during business hours 
for inspection and examination by the Director of Finance or 
other duly authorized representatives, agents, or employees of 
the City. 

(2) Whenever any operator fails to keep records from which 
the tax is imposed by this subtitle may be accurately computed, 
the Director of Finance may make use of a factor developed by 
surveying other operators of a similar type, or otherwise, 

,*" compute the amount of tax due, and this computation shall be 

j;* prima facie correct. 

("* [(f)](G) Whenever an operator fails to collect and/or remit 

\" to the Director of Finance the tax imposed by this subtitle 

\'"^ within the time limited therefor, the operator shall be assessed 

/ by the Director of Finance the amount of tax due, plus interest 

-. at the rate of one percent (1%) per month or any fraction 

• thereof, and a penalty of ten percent (10%) of the tax due. 



L 



• [ (g) In remitting to the Director of Finance such tax 

receipts for any calendar month the operator of a parking lot or 
J garage may deduct from the amount of tax payable by him under the 

^ other provisions of this subtitle, an amount equal to three per 

^ centum (3%) of the gross tax to be remitted by him to the 

Director of Finance, to cover the expenses of the operator in 
-M— •• connection with the collection and remittance of the tax. 

I,.— • However, nothing contained in this subsection shall apply to any 

^xj operator who fails or refuses to collect or remit the required 

••j-jt tax to the Director of Finance within the time provided in this 

<i: subtitle.] 

JU (h) In addition to the powers granted to the Director of 

'^^ Finance in connection with the collection of the tax imposed by 

y^ this subtitle, [he] THE DIRECTOR is hereby authorized and 

(J J empowered: 

(1) To make, adopt and amend such rules and regulations 
as [he] may BE [deem] DEEMED necessary or proper to fully collect 
the tax [imposed by this subtitle,] and to define any terms used 
in connection with the imposition and collection of [said] THE 
tax; 

• 

(2) To compromise disputed claims in connection with 
the tax [imposed by this subtitle,] and for good and sufficient 
cause shown to waive interest and penalty; 

(3) To delegate any of THE [his] powers, duties and 
functions in connection with the collection of the tax [imposed 
by this subtitle] and the enforcement of the provisions relating 

286 



Ord. No. 319 

thereto to any other agent, representative, or employee of the 
Director or the City; provided, however, that all regulations 
promulgated under this subtitle shall be issued by the Director; 
and 

(4) To extend, for good cause shown, the time for 
remitting any tax required to be paid [under this subtitle] for 
such period of time as [he] may BE [deem] DEEMED reasonable. 

(i) The operator of every parking lot or garage who shall: 

(1) Fail, neglect or refuse to collect the tax [herein . " 
levied and imposed] ; or " ] 

(2) Fail, neglect or refuse to remit the tax required 
by this subtitle or by the rules and regulations of the Director 
[of Finance] effective thereunder; or 

(3) Make any incomplete, false or fraudulent return; or 

(4) Refuse to permit the Director or any duly 
authorized agent or employee to examine [his] books, records and 
papers relating to the tax [imposed by this subtitle]; or 

(5) Fail to fully comply with any or all rules or 
regulations promulgated by the Director [of Finance] pursuant to 
the authority contained herein, or to keep complete and proper 
records as required [by this subtitle or said rules and 
regulations;] shall be guilty of a misdemeanor and shall be fined 
not more than [Five Hundred Dollars ($500.00)] $1000 or 
imprisoned not more than six (6) months, or both, for each 
offense. 

r 

(J) NON-PROFIT PARKING LOT PROVIDERS WHOSE MONTHLY PARKING T 

CHARGg XS LESS THAN OR EQUAL TO THE MONTH LY PARKING TAX MAY 
APPEAL TO THE BOARD OF ESTIMATES FOR A REDUCTION OF THEIR TAX 
BURDEN. ». . 

. SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 1st day of the 2nd month after the date 
of its enactment. 

Approved June 29, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 319 
(Council Bill No. 554) 
AN ORDINANCE concerning 

287 



Ord. No. 320 

HOTEL ROOM TAX 

FOR the purpose of increasing the amount of tax imposed on 

transient guests in certain hotels, and redefining "hotel." 

BY repealing and reordaining with amendments 
Article 28 - Taxes 
Subtitle - Hotel Room Tax 
Section 37(a) and (b) 
Baltimore City Code (1983 Replacement Volume, as amended) 

'^''^' SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

i^"":' BALTIMORE, That section (s) of the Baltimore City Code (1983 

Replacement Volume, as amended) be added, repealed, or amended, 
^•- to read as follows: 

C. ARTICLE 28 - TAXES 

c 

0""' 37. Tax imposed. 

» (a) There is hereby levied and imposed a tax of [six per 

r centum (6%)] 7% on all gross amounts of money paid to the owners 

or operators of hotels in the City of Baltimore [beginning 
* January 1, 1958,] by transient guests or tenants for renting, 

using or occupying a room or rooms in said hotels, to be paid and 
^ collected as hereinafter provided. 



Hotel Room Tax 



^ (b) Definitions. As used in this subtitle, a "transient 

guest or tenant" shall mean a person or persons renting, using or 

^ occupying a room or rooms in a hotel for less than ninety (90) 

r^^ consecutive days, and a "hotel" shall mean a building containing 

pj sleeping accommodations for more than [twenty-five (25) ] 5 

J^^ijij persons and open to the transient public. 

3:^ SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

•jO shall take effect June 1, 1900 December 1. 1989 . 

pTl \ Approved June 29, 1989 

(jO' KURT L. SCHMOKE, Mayor 



ENROLLED 

CITY OP BALTIMORE 

ORDINANCE NO. 320 

(Council Bill No. 620) 

AN ORDINANCE concerning 
ORDINANCE OF ESTIMATES FOR THE FISCAL YEAR ENDING JUNE 30, 1990 

288 



Ord. No. 320 

FOR the purpose of providing the appropriations estimated to be 

needed by each agency of the City of Baltimore for operating 
programs and capital projects during the fiscal 1990 year. 

BY authority of 

Article VI - Board of Estimates 

Section 2 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the following amounts or so much thereof as shall 
be sufficient are hereby appropriated subject to the provisions 
hereinafter set forth for the purpose of carrying out the 
programs included in the operating budget and the projects listed 
in the capital budget from the amounts estimated to be available 
in the designated funds during the fiscal year ending June 30, 
1990: 

A. OPERATING BUDGET 

BALTIMORE CITY PUBLIC SCHOOLS 

725. General Fund Support 

General Fund Appropriation $ 165,161,594 

Education Fund Appropriation $ 2,331,041 

Federal Fund Appropriation $ 215,210 

State Fund Appropriation $ 132,439 

728. Board of School Cotntnissioners 

Education Fund Appropriation $ 244,475 

729. Office of the Superintendent 

Education Fund Appropriation $ 1,731,477 

Federal Fund Appropriation $ 6,118 

731. Planning, Research, and Evaluation 

Education Fund Appropriation $ 1,125,009 

Federal Fund Appropriation $ 387,369 

State Fund Appropriation $ 1,940 

732. Curriculxim Development 

Education Fund Appropriation $ 1,780,242 

Federal Fund Appropriation $ 1,188,313 

State Fund Appropriation $ 373,209 

Special Fund Appropriation S 40,925 

741. Elementary School Management 

Education Fund Appropriation $ 381,301 

742. Secondary School Management 

Education Fund Appropriation $ 466,092 

Federal Fund Appropriation $ 158,612 

Special Fund Appropriation $ 34,064 

743. General Instruction 

289 



Ord. No. 320 

Education Fund Appropriation $ 176,670,018 

Federal Fund Appropriation $ 30,741,238 

State Fund Appropriation $ 7,155,982 

Special Fund Appropriation $ 626,899 

744. Other Instructional Services 

Education Fund Appropriation $ 8,360,704 

Federal Fund Appropriation $ 27,697 

State Fund Appropriation $ 1,095,458 

Special Fund Appropriation $ 27,266 

]J"*^, 745. Field Instructional Services 

^'*' Education Fund Appropriation S 1,793,332 

^" 746. Student Services 

^'. Education Fund Appropriation S 2,862,894 

f"" 751. Special Education Services 

y Education Fund Appropriation S 2,497,905 

r" Federal Fund Appropriation $ 1,622,575 

* 752. Vocational and Adult /Alternative Programs Management 

r Education Fund Appropriation $ 909,005 

Federal Fund Appropriation $ 542,862 



• 753. Compensatory Services Management 

J Education Fund Appropriation $ 101,445 

^ Federal Fund Appropriation $ 1,232,743 

'\ State Fund Appropriation $ 535,947 



r 



754. Vocational Instruction 

Education Fund Appropriation $ 12,329,491 

r^'^J Federal Fund Appropriation S 1,083,178 

^M**'; State Fund Appropriation $ 883,119 

U^ 755. Adult /Alternative Instruction 

■^O Education Fund Appropriation $ 4,015,007 

■*^' Federal Fund Appropriation $ 40,919 

r*^ State Fund Appropriation $ 178,688 



iP 



756. Special Instruction 

Education Fund Appropriation $ 68,399,624 

Federal Fund Appropriation $ 3,495,766 

State Fund Appropriation $ 335,910 

Special Fund Appropriation $ 15,225 

757. Special Vocational Instruction 

Education Fund Appropriation $ 2,831,984 

Federal Fund Appropriation $ 411,413 

State Fund Appropriation $ 129,656 

758. Gifted and Talented Instruction 

Education Fund Appropriation $ 2,035,907 

Federal Fund Appropriation $ 70,000 

290 



Ord. No. 320 

761. Management Services Administration 

Education Fund Appropriation $ 130,289 

762. Food Services 

Education Fund Appropriation $ 54,107 

Federal Fund Appropriation S 15,999,062 

State Fund Appropriation $ 2,731,199 

Special Fund Appropriation $ 4,031,889 

763. Fiscal Management 

Education Fund Appropriation S 966,308 

Federal Fund Appropriation $ 461,628 

State Fund Appropriation $ 1,185 

764. Transportation 

Education Fund Appropriation $ 6,554,823 

Motor Vehicle Fund Appropriation $ 3,000,000 

Federal Fund Appropriation S 122,672 

State Fund Appropriation S 10,713,614 

765. Procurement 

Education Fund Appropriation $ 956,571 

Federal Fund Appropriation $ 473,453 

State Fund Appropriation $ 2,371 

766. Data Processing 

Education Fund Appropriation. ....... $ 3,321,388 

Federal Fund Appropriation $ 646,813 

State Fund Appropriation. ., $ 3,125 

767. Facilities 

Education Fund Appropriation $ 55,214,547 

768. School Police 

Education Fund Appropriation $ 7,979,704 

769. Labor Relations and Human Resources 

Education Fund Appropriation $ 1,594,721 

Federal Fund Appropriation $ 588,427 

State Fund Appropriation $ 203,138 

Special Fund Appropriation S 54,357 

780. External Relations 

Education Fund Appropriation $ 2,574,589 

State Fund Appropriation S 59,640 

BOARD OF ELECTIONS 

180. Voter Registration and Conduct of Elections 

General Fund Appropriation $ 1^ 4 23/201 

1,403,347 



291 



Ord. No. 320 

CITY COUNCIL 

100. City Legislation 

General Fund Appropriation $ a/ 696 >7 4 7 

2,649,267 

CITY -LIFE MUSEUMS 

490. Operation of City Life Museume 

General Fund Appropriation $ 7 9 0/ 4 1 5 

«..-. 769,528 

^•' CIVIL SERVICE COMMISSION 

r' 

*^'; 160. Personnel Administration 

f General Fund Appropriation $ 2/a0 6 >3() 5 

f An internal service fund is hereby authorized to provide 2,264,360 

f"" for the operation of the Unemployment Insurance function, 

/ ' the costs of which are to be recovered from contributions 

-. from various Fund sources. 



^ 



r: 



22 



COMMUNITY COLLEGE OF BALTIMORE 



^ 430. Institutional Support 

^ Higher Education Fund Appropriation $ 3,820,598 



431. Instruction 

Higher Education Fund Appropriation $ 9,398,595 

Federal Fund Appropriation $ 1,210,000 

T^\j state Fund Appropriation $ 70,000 

Special Fund Appropriation. .... $ 200,000 

432. Operation and Maintenance of Plant 
Higher Education Fund Appropriation .... $ 2,667,820 

433. Student Services 
Higher Education Fund Appropriation $ 1,508,726 

436. General Fund Support 
General Fund Appropriation $ 5,496,000 

437. Academic Support 
Higher Education Fund Appropriation $ 1,431,261 

438. Auxiliary Enterprises 
Higher Education Fund Appropriation $ 950,000 

439. Public Service - WBJC Radio Station 
Higher Education Fund Appropriation $ 814,000 

292 



Ord.. No. 320 

440. Scholarships and Fellowships 

Higher Education Fund Appropriation $ 100,000 

Federal Fund Appropriation $ 4,400,000 

COMMXWITY RELATIONS COMMISSION 

156. Development of Intergroup Relations • 

General Fund Appropriation $ 1/027; 566 

1,013,231 
Federal Fund Appropriation. $ 90,180 

COMPTROLLER 

130. Executive Direction and Control 

General Fund Appropriation $ 302; 6 00 

247,907 

131. Audits 

General Fund Appropriation $ 1,847,724 

132. Real Estate Acquisition and Management 

General Fund Appropriation $ 549,904 

133. Municipal Telephone Exchange 

An internal service fund is hereby authorized to provide 
for operation of a municipal telephone exchange, the 
costs of which are to be recovered from using agencies. 

135. Insurance on City Facilities 

General Fund Appropriation $ 48,060 



136. Municipal Post Office 

An internal service fund is hereby authorized to provide 
for operation of a municipal post office, the costs of 
which are to be recovered from using agencies. 

536. Harbor Administration 

General Fund Appropriation. ...... ... $ 160,867 

596. Management of Leased Properties 

General Fund Appropriation $ 1,012,126 

• COUNCILMANIC SERVICES 

103. Councilmanic Services 

General Fund Appropriation S 3 5 0>03 5 

345,152 



293 



Ord. No. 320 



C" 

c 
r: 

F 



C/0' 



COURTS -RELATED 

110. Circuit Court for Baltimore City 

General Fund Appropriation * $ 6 | 1 4 3/ 6 1 6 

6,057,913 

Federal Fund Appropriation $ 217,195 

State Fund Appropriation $ 622,152 

112. Orphans' Court 

General Fund Appropriation $ 2 65 / 656 

281,673 

EMPLOYEES' RETIREMENT SYSTEMS 

152. Administration, Employees Retirement Systems 

Special Fund Appropriation $ 1,773,635 

ENOCH PRATT FREE LIBRARY 

450. Administrative and Technical Services 

General Fund Appropriation $ 4 1 5 /07 6 

240,841 
State Fund Appropriation $ 37,500 

452. Extension Services 

General Fund Appropriation $ 8,168,148 

453. State Library Resource Center 

General Fund Appropriation $ 3,906,716 

State Fund Appropriation $ 3,752,172 

FINANCE 

140. Administrative Direction and Control 

General Fund Appropriation $ 350 > 5 03 

97,446 

141. Budget and Management Research 

General Fund Appropriation $ 1,703,454 

142. Accounting Systems and Operations 

General Fund Appropriation $ 2,027,709 

An internal service fund is hereby authorized to provide 
, for accounting services of the Mobile Equipment Program, 

the costs of which are to be recovered from using 
agencies. 

143. Loan and Guarantee Services 

Loan and Guarantee Enterprise Fund Appropriation $ 4,453,484 

144. Purchasing 

294 



Ord. No. 320 

General Fund Appropriation $ 4,945,582 

An internal service fund is hereby authorized to provide 
for operation of a municipal reproduction and printing 
service, the costs of which are to be recovered from 
using agencies. 

An internal service fund is hereby authorized to provide 
for centralized automotive parts warehousing and 
inventory, the costs of which are to be recovered from 
using agencies. 

145. Risk Management Services 

An internal service fund is hereby authorized to provide 
for the operation of the Risk Management Office, the 
costs of which are to be recovered from the Self-Insurance 
Fund. 

147. Management Information Services 

General Fund Appropriation , $ 5,733,959 

150. Treasury Management 

General Fund Appropriation $ 1,998,717 

151. Central Payroll and Disbursements 

General Fund Appropriation $ 2,016,550 

FIRE 

210. Administrative Direction and Control 

General Fund Appropriation $ 1,625,855 

211. Training 

General Fund Appropriation , $ 619,600 

212. Fire Suppression 

General Fund Appropriation $ 67,153,520 

State Fund Appropriation $ 265,407 

213. Fire Prevention 

General Fund Appropriation , $ 1,920,275 

215. Fire Alarm and Communications 

General Fund Appropriation $ 2,708,354 

217. Equipment Maintenance 

General Fund Appropriation S 1,780,973 

219. Non-Actuarial Retirement Benefits 

General Fund Appropriation $ 1,425,000 

319. Ambulance Service 

General Fund Appropriation S 5,947,017 

State Fund Appropriation. S 250,000 

295 



L 



Ord. No. 320 

HEALTH 

240. Animal Control 

General Fund Appropriation $ 1,316,424 

300. Administrative Direction and Control 

General Fund Appropriation $ 3;26 4 |030 

2,972,163 

State Fund Appropriation $ 65,455 

302. Environmental Health 

TI***'' General Fund Appropriation $ 3,565,376 

00*''V Federal Fund Appropriation $ 342,913 

^m'- 303. Special Purpose Grants 

C . General Fund Appropriation $ 246,049 

i,^. Federal Fund Appropriation $ 384,895 

!••*' State Fund Appropriation. . $ 935,550 

Special Fund Appropriation $ 500,000 



r Federal Fund Appropriation $ 18,436,699 

State Fund Appropriation. $ 558,938 



304. Clinical Services 

General Fund Appropriation S 2,551,576 



•, 305. Maternal and Infant Services 

f General Fund Appropriation. , , $ 124,525 

^ Federal Fund Appropriation. ....... $ 2,904,756 

•* State Fund Appropriation. $ 505,275 



306. General Nursing Services 

General Fund Appropriation $ 2,139,716 

Federal Fund Appropriation $ 40,046 

State Fund Appropriation $ 548,564 



J^ 307. Mental Health Services 

'TxlJ ' General Fund Appropriation $ 1,303,739 

*^^ Federal Fund Appropriation. . $ 26,428,226 

pJl "^ State Fund Appropriation. $ 21,118,934 

^/•* ' Special Fund Appropriation S 534,751 

308. Children and Youth Services 

General Fund Appropriation $ 769,851 

Federal Fund Appropriation. . I $ 4,142,099 

State Fund Appropriation $ 91,418 

310. School Health Services 

General Fund Appropriation $ 4,338,951 

Federal Fund Appropriation. . $ 2,340,421 

State Fund Appropriation $ 182,283 

311. Health Services for the Aging 

General Fund Appropriation $ 1,359,274 

Federal Fund Appropriation. .... $ 1,415,464 

296 



Ord. No. 320 

HOUSING AND COMMUNITY DEVELOPMENT 

119. Mayor's Stations 

General Fund Appropriation $ 1,061,252 

Federal Fund Appropriation $ 321,300 

177. Administrative Direction and Control 

General Fund Appropriation $ 016/ 1 56 

690,919 
Federal Fund Appropriation $ 371,727 

260. Construction and Building Inspection 

General Fund Appropriation $ 2,969,351 

Federal Fund Appropriation $ 478,180 

570. Preservation of Historic Places 

General Fund Appropriation $ 266,532 

Federal Fund Appropriation $ 25,000 

581. Neighborhood Development 

General Fund Appropriation $ 731,956 

Federal Fund Appropriation $ 282, '318 

582. Finance and Development 

General Fund Appropriation $ 2,397,036 

Federal Fund Appropriation $ 895,842 

583. Neighborhood Services 

General Fund Appropriation $ 5,017,140 

Federal Fund Appropriation • $ 2,124,564 

State Fund Appropriation $ 54,200 

584. Center City Development Corporation 

General Fund Appropriation $ 1,207, 55 1 

603,775 
Federal Fund Appropriation $ 500,000 

585. Economic Development 

General Fund Appropriation $ 1,384,181 

Federal Fund Appropriation $ 65,000 

Special Fund Appropriation. . $ 22,182 

593. Community Support Projects 

General Fund Appropriation. .... $ 175,000 

Federal Fund Appropriation $ 4,417,869 

595. Special Projects for Neighborhoods 

General Fund Appropriation $ 20,000. 

Federal Fund Appropriation. . S 1,069,800 

JAIL 
290. Care and Custody of Prisoners 

297 



[ 



Ord. No. 320 



General Fund Appropriation $ 



3 4 »320,D 4 3 
33,849,660 



293, 



Jail Commissary 

Special Fund Appropriation. 



759,286 



LAW 






c 



175. Legal Services 

General Fund Appropriation 

An internal service fund is hereby authorized to provide 
for a self-insurance program covering automotive 
equipment, police animal liability and employee 
liability, the costs of which are to be recovered from 
the Self-Insurance Fund. 



5 >385>530 
5,310,402 



r 



LEGISLATIVE REFERENCE 



106. Legislative Reference Services 
General Fund Appropriation. 



354,193 



l-rt 



107 



250. 



125, 



127, 



350. 



599, 



Archives and Records Management 
General Fund Appropriation, 



LIQUOR LICENSE BOARD 



Liquor Control 

General Fund Appropriation. 



242,486 



4 0,210 
934,991 



MAYORALTY 

Executive Direction and Control 

General Fund Appropriation $ 2; 4 2 6 < 6 37 

2,382,977 

Task Force for Liaison with General Assembly 

General Fund Appropriation $ 477,738 

Office of Children and Youth 

General Fund Appropriation $ 215,181 

Federal Fund Appropriation $ 100,000 

State Fund Appropriation. $ 10,500 

Office of International Programs 

General Fund Appropriation $ 151,589 



298 



Ord. No. 320 

MAYORALTY -RELATED FUNCTIONS 
Art and Culture 

492. Promotion of Art and Culture 

General Fund Appropriation $ 8 22/ 6 00 

773,913 
Federal Fund Appropriation $ 15,000 

State Fund Appropriation S 52,943 

Special Fund Appropriation $ 182,900 

493. Art and Culture Grants 

General Fund Appropriation $ 2, 66 1, 6 7 4 

2,624,741 

Cable and Conununications 

572. Cable and Conununications Coordination 

General Fund Appropriation $ 622,005 

613,328 

Special Fund Appropriation $ 76,675 

Civic Promotion 

590. Civic Promotion 

General Fund Appropriation S 4 > 7 4 1,072 

4,675,821 



Commission for Women 

120. Promotion of Equal Rights for Women 

General Fund Appropriation $ 167/01 4 

184,405 
Commission on Aging 

324. Aging and Retirement Education 

General Fund Appropriation $ 012/ 113 

899,389 

Federal Fund Appropriation. .... S 4,654,241 

State Fund Appropriation $ 2,497,242 

Contingent Fund 

121. Contingent Fund 

General Fund Appropriation $ 1/000, 000 

986,050 



Convention Complex 

531. Convention Center Operations 

General Fund Appropriation $ 4 ,0 45 / 5 3 6 

3,989,101 

Special Fund Appropriation S 130,000 

299 



I 



Ord. No. 320 






c 
c 
r 

r" 
r 






540. Baltimore Arena Operations 

General Fund Appropriation $ 7 66 / 6 13 

777,612 

Coordinating Council on Criminal Justice 

224. Mayor's Coordinating Council on Criminal Justice 

General Fund Appropriation $ 546 / 6 2 6 

539,198 
Special Fund Appropriation $ 212,500 

Debt Service 

123. General Debt Service 

General Fund Appropriation $ 54,035,750 

Motor Vehicle Fund Appropriation $ 17,327,446 

Educational Grants 

446. Educational Grants 

General Fund Appropriation. , $ 1/21 4 / 66 3 

1,197,718 

Health and Welfare Grants 

385. Health and Welfare Grants 

General Fund Appropriation $ 12 6 /2 4 

126,451 

Labor Commissioner 

128. Labor Relations 

General Fund Appropriation $ 29 6 /3 46 

292,214 

Miscellaneous General Expenses 

122. Miscellaneous General Exp>enses 

General Fund Appropriation. ... $ 20,27 4 ,310 

27,879,883 

Municipal Markets 

538. Municipal Markets Administration 

General Fund Appropriation $ 1/ 6 07/730 

1,674,056 



300 



Ord. No. 320 



Office of Employment Development 

630. Administration (Title I) 

General Fund Appropriation '. S 132 ; 44 

123,939 

631. Job Training Partnership (Titles II and III) 

Federal Fund Appropriation $ 11,511,730 

633. Job Corps 

Federal Fund Appropriation $ 400,000 

639. Special Services 

General Fund Appropriation $ 476,964 

Federal Fund Appropriation $ 1,245,563 

State Fund Appropriation $ 13,874,442 



Self-Insurance Fund 



126. Contribution to Self-Insurance Fund 

General Fund Appropriation 

Motor Vehicle Fund Appropriation. . 



148,000 
313,000 



MUNICIPAL AND ZONING APPEALS 



185, 



Zoning, Tax, and Other Appeals 
General Fund Appropriation. 



30 4 /232 
378,872 



MUSEUM OF ART 



489. 



Operation of Museum of Art 

General Fund Appropriation. 



2;000,267 
2,948,553 



OCCUPATIONAL MEDICINE AND SAFETY 



167. 



Occupational Medicine and Safety 
General Fund Appropriation. . 



1,110,2 8 
1,102,689 



OFF-STREET PARKING 



579. Development of Off-Street Parking Facilities 
General Fund Appropriation 



Parking Enterprise Fund Appropriation , $ 



110,703 

118,033 

9,680,200 



301 



c: 

c 



Ord. No. 320 

PLANNING 

187. City Planning 

General Fund Appropriation $ 1| 6 02;011 

1,777,662 

Motor Vehicle Fund Appropriation $ 938,630 

Federal Fund Appropriation $ 318,600 

State Fund Appropriation $ 265,711 

H, POLICE 



200. Administrative Direction and Control 

General Fund Appropriation. .... $ 9,609,184 



201. General Patrol 

General Fund Appropriation $ 89,780,752 

State Fund Appropriation S 1,500,000 



r 

[ 

f 202. Investigations 

/ General Fund Appropriation S 14,271,343 

fi' Federal Fund Appropriation $ 399,000 

State Fund Appropriation $ 1,500,000 

Special Fund Appropriation $ 50,000 

203. Traffic 

^ General Fund Appropriation $ 794,977 

i Motor Vehicle Fund Appropriation S 4,269,213 

^ Federal Fund Appropriation S 48,000 

State Fund Appropriation $ 76,500 



r: 



^■; 



204. Services Bureau 

General Fund Appropriation $ 18,205,281 

State Fund Appropriation $ 352,000 

Special Fund Appropriation $ 1,161,138 

^^ . 205. Non-Actuarial Retirement Benefits 

aif^ / - General Fund Appropriation $ 11,100,000 

^ 207. SF>ecial Operations 

General Fund Appropriation $ 16,019,190 

PUBLIC WORKS 

189. Motor Equipment Division 

An internal service fund is hereby authorized to provide 
for operation of a central automotive and mechanical 
repair service, the costs of which are to be recovered 
from using agencies. 

190. Administrative Direction and Control 

General Fund Appropriation S 1,000;710 

1,020,320 

302 



Ord. No. 320 

192. General Services Administration 

General Fund Appropriation $ 193,788 

193. Public Building Management 

General Fund Appropriation S 18,102,981 

195. Abandoned Vehicles 

General Fund Appropriation $ 585,016 

Motor Vehicle Fund Appropriation $ 3,725,658 

State Fund Appropriation $ 23,000 

243. Contract Construction Inspection 

General Fund Appropriation $ 138,728 

Water Utility Fund Appropriation $ 64,213 

An internal service fund is hereby authorized to provide 
for inspection of municipal highway, bridge and utility 
construction, the costs of which are to be recovered from 
capital project appropriations. 

244. Contract Administration 

General Fund Appropriation. ... $ 1,257,719 

Water Utility Fund Appropriation. , $ 78,073 

Waste Water Utility Fund Appropriation . $ 353,307 

An internal service fund is hereby authorized to provide 
contract management for municipal facilities, the costs of 
which are to be recovered from capital project appropriations. 

515. Solid Waste Collection 

General Fund Appropriation , $ 15,124,291 

Motor Vehicle Fund Appropriation ,.,...$ 14,781,405 

516. Solid Waste Disposal 

General Fund Appropriation. .... $ 26,372,656 

544. Maintenance and Repair of Sanitary Systems 

Waste Water Utility Fund Appropriation .....$ 8,285,433 

546. Water Distribution, Water Meters and Investigation 

Water Utility Fund Appropriation $ 16,000,916 

550. Waste Water Facilities 

Waste Water Utility Fund Appropriation S 52,852,100 

552. Water Facilities 

Water Utility Fund Appropriation .....$ 15,946,085 

553. Water Administration and Engineering 

Water Utility Fund Appropriation $ 4,495,987 

554. Waste Water Administration and Engineering 

Waste Water Utility Fund Appropriation. . $ 8,672,579 

561. Metered Water Accounts 

303 



Ord. No. 320 



-TV 



Co' ! 
^ c 



Water Utility Fund Appropriation $ 6,169,648 

565. Utility Debt Service 

Waste Water Utility Fund Appropriation $ 8,196,946 

Water Utility Fund Appropriation S 8,549,410 

RECREATION AND PARKS 

471. Administrative Direction and Control 

General Fund Appropriation S 1, 76 5 , 665 

1,260,411 

473. Municipal Concerts and Other Musical Events 

General Fund Appropriation $ 43,000 

478. General Park Services 

General Fund Appropriation $ 11,842,335 

State Fund Appropriation $ 962,147 

479. SE>ecial Facilities 

General Fund Appropriation. ... $ 8,019,569 

Special Fund Appropriation. . $ 600,000 

480. Regular Recreational Services 

General Fund Appropriation. , . , , , $ 12,673,548 

Federal Fund Appropriation. ...................$ 127,561 

482. Supplementary Recreational Services 

State Fund Appropriation. $ 117,486 

Special Fund Appropriation $ 1,359,093 

505. Park and Street Trees 

General Fund Appropriation $ 1,874,776 

SHERIFF 

118. Sheriff Services 

General Fund Appropriation $ 4,085,480 

Federal Fund Appropriation. $ 429,554 

SOCIAL SERVICES 

365. Public Assistance 

General Fund Appropriation $ 600,7 65 

Provided that $20,250 per month from the aforementioned 671,288 

appropriation will be allotted for General Public 
Assistance-Employable grants. 



STATE'S ATTORNEY 



304 



\ 



I 



I 



Ord. No. 320 

115. Prosecution of Criminals 

General Fund Appropriation S 9,652,609 

Federal Fund Appropriation $ 771,342 

Special Fund Appropriation $ 50,000 

TRANSPORTATION 

196. Special Services 

General Fund Appropriation $ 3> 776,00 4 

3,723,329 

Motor Vehicle Fund Appropriation $ 216,708 

230. Administrative Direction and Control 

Motor Vehicle Fund Appropriation $ 4,261,819 

Federal Fund Appropriation $ 138,988 

State Fund Appropriation $ 39,558 

231. Traffic Engineering 

General Fund Appropriation S 21, 6 00 

21,299 
Motor Vehicle Fund Appropriation $ 1,523,721 

232. Parking Meters 

General Fund Appropriation $ 1,081; 4 51 

1,066,365 

233. Traffic Signs and Street Markings 

General Fund Appropriation. $ 6 7, 5 00 

66,558 

Motor Vehicle Fund Appropriation $ 4,063,840 

State Fund Appropriation $ 7,242 

234. Construction and Maintenance of Traffic Signals 

Motor Vehicle Fund Appropriation $ 4,985,929 

235. Parking Enforcement 

General Fund Appropriation $ 2, 570, 25 6 

2,534,403 

Motor Vehicle Fund Appropriation $ 192,284 

238. School Crossing Guards 

General Fund Appropriation. ... $ 11 6 , 13 6 

114,518 

239. Traffic Operations 
General Fund Appropriation $ 11 4 ; 7 6 

113,168 



305 






r 



^ 



r 



?3' ; 



Ord. No. 320 

Motor Vehicle Fund Appropriation $ 2,425,620 

An internal service fund is hereby authorized to provide 

for operation of a City-owned two-way radio system, the costs 

of which are to be recovered from using agencies. 

500. Street Lighting 

Motor Vehicle Fund Appropriation $ 16,299,254 

501. Public Streets, Bridges and Highways 

Motor Vehicle Fund Appropriation $ 21,649,181 



503. Highway Administration and Engineering 

General Fund Appropriation S 30 5 ,31 4 

301,055 
^" Motor Vehicle Fund Appropriation $ 423,301 

'^',' 518. Maintenance and Repair of Storm Water Systems 

I Motor Vehicle Fund Appropriation S 3,721,196 

c 

p 519. Solid Waste Engineering and Storm Water Management 

/ General Fund Appropriation $ 5 23y 720 

516,423 

Motor Vehicle Fund Appropriation $ 121,818 

State Fund Appropriation $ 121,416 



548. Conduits 

m General Fund Appropriation. . . $ 1, 7 4 0,77 5 

< 1,716,491 



URBAN SERVICES 



171. Administration 

^i\j I General Fund Appropriation $ 1,00 6 , 12 6 

1,042,094 

Federal Fund Appropriation = $ 1,394,970 

State Fund Appropriation $ 501,901 



172. Neighborhood Organization 

General Fund Appropriation $ 1,053,963 

Federal Fund Appropriation $ 675,712 

State Fund Appropriation S 991,859 

Special Fund Appropriation $ 50,000 

376. Day Care 

General Fund Appropriation $ 1,169,450 

Federal Fund Appropriation $ 303,106 

377. Social Services 

General Fund Appropriation $ 269,774 

Federal Fund Appropriation $ 246,069 

395. Children's Services 

General Fund Appropriation S 128,881 

Federal Fund Appropriation $ 4,495,096 

306 



Ord. No. 320 



396. Energy/Weatherization Services 

Federal Fund Appropriation S 1,000,000 

State Fund Appropriation S 20,117,849 

397. Community Support Services 

General Fund Appropriation $ 127,868 

Federal Fund Appropriation 5 438,900 

State Fund Appropriation $ 723,308 

426. Education 

General Fund Appropriation $ 27,351 

Federal Fund Appropriation $ 445,080 

496. Recreation 

Federal Fund Appropriation $ 294,918 

State Fund Appropriation S 349,355 



WAGE COMMISSION 



165. 



Wage Enforcement 

General Fund Appropriation. 



200,771 
294,603 



WAR MEMORIAL COMMISSION 



487 



Operation of War Memorial Building 
General Fund Appropriation. . . 



217,036 
214,896 



CAPITAL BUDGET 



BALTIMORE CITY PUBLIC SCHOOLS 



Construction Reserve 

Loan Fund Appropriation $ 5, 

State Fund Appropriation S 6, 

Mayor & City Council Real Property Fund Appropriation S 

Provided that the foregoing Capital Improvement 
Appropriations herein made are for the following projects: 
Charles Carroll of Carrollton Elementary School 139 - Renovation 

Loan Fund Appropriation $ 

State Fund Appropriation $ 

Guilford Elementary School 214 - Replacement 

Loan Fund Appropriation S 1, 

State Fund Appropriation S 2, 

Diggs-Johnson Middle School 162 - Replacement 

Mayor & City Council Real Property Fund Appropriation $ 600,000 



500,000 
789,000 
600,000 



583,000 
468,000 



424, 
809, 



000 
000 



307 



Ord. No. 320 

School Construction - AsbestoB Removal 

Loan Fund Appropriation $ 907,000 

Montebello Elementary School 44 - Renovation 

Loan Fund Appropriation ' $ 306,000 

Arlington Elementary School 234 - Renovation 

Loan Fund Appropriation $ 1,434,000 

State Fund Appropriation $ 3,042,000 

Armistead Gardens Elementary School 243 - Replacement 

Loan Fund Appropriation $ 432,000 

Garrison Middle School 42 - Renovation 

State Fund Appropriation S 470,000 

"J**'*'' Hampstead Hill Elementary School 47 - Replacement 

Loan Fund Appropriation S 414,000 



i:-\ 



COMMUNITY COLLEGE OF BALTIMORE 



C: 

JT* Construction Reserve 

f"*' General Fund Appropriation $ 265,000 

f"" State Fund Appropriation $ 493,000 

i 

\ Other Special Fund Appropriation $ 310,000 

Provided that the foregoing Capital Improvement 

*' Appropriations herein made are for the following projects: 

» Liberty Campus - Field House Renovation 

^ General Fund Appropriation .........$ 142,000 

0> State Fund Appropriation S 253,000 



^ 



r 



00"' 






Business and Industry Center 

Other Special Fund Appropriation $ 310,000 

Harbor Campus - Bard Building/New Roof 

r»" j General Fund Appropriation S 110,000 

Z^'; State Fund Appropriation $ 210,000 

<^ * Liberty Campus - Parking, Roadway, Sidewalk 

J^ * General Fund Appropriation S 13,000 

jO ' state Fund Appropriation S 30,000 



COMPTROLLER 

Construction Reserve 

General Fund Appropriation. . . $ 20,000 

Provided that the foregoing Capital Improvement 
Appropriation herein made is for the following project: 

Recreation Pier - Repairs 

General Fund Appropriation $ 20,000 

ENOCH PRATT FREE LIBRARY 
Construction Reserve 

308 



Ord, No. 320 

General Fund Appropriation $ 150,000 

State Fund Appropriation $ 1,195,000 

Provided that the foregoing Capital Improvement 

Appropriations herein made are for the following projects: 
Pratt Central Library - Renovation 

State Fund Appropriation S 1,195,000 

Pratt Library - Govans Branch - Renovation 

General Fund Appropriation $ 150,000 

FIRE 

Construction Reserve 

General Fund Appropriation $ 450,000 

Provided that the foregoing Capital Improvement 

Appropriations herein made are for the following projects: 
Engine 33, 19, and Truck 5 - Consolidation 

General Fund Appropriation. = • $ 300,000 

Fire Academy - Modernization 

General Fund Appropriation. $ 150,000 



HEALTH 

Construction Reserve 

General Fund Appropriation, . . . , , $ 20,000 

Provided that the foregoing Capital Improvement 
Appropriation herein made is for the following project: 

Health Facility - Druid District 

General Fund Appropriation '. $ 20,000 



HOUSING AND COMMUNITY DEVELOPMENT 

Construction Reserve 

Loan Fund Appropriation S 28,445,000 

Community Development Block Grant Appropriation $ 12,715,000 

State Fund Appropriation $ 4,336,000 

Other Special Fund Appropriation $ 4,035,000 

Mayor & City Council Real Property Fund Appropriation $ 625,000 

Provided that the foregoing Capital Improvement 

Appropriations herein made are for the following projects: 
Harford Road Corridor - Improvements 

Loan Fund Appropriation $ 50,000 

Belair Road Corridor - Improvements 

Loan Fund Appropriation $ 50,000 

Cold Spring Lane/Keswick Shopping Area 

Loan Fund Appropriation , S 25,000 

Reisterstown Road - Improvements 



309 



Ord. No. 320 



c 
c 
r 

f 

r 



Cw' 1^' 



?q « 




Loan Fund Appropriation $ 25,000 

Seton Business Park - South Section 

Mayor & City Council Real Property Fund Appropriation $ 10,000 

Park Circle Enterprise Zone - Development 

Loan Fund Appropriation $ 30,000 

Seton Business Park - North Section 

Loan Fund Appropriation . . . .- $ 2.400,000 

Mayor & City Council Real Property Fund Appropriation $ 30,000 

Wabash Avenue Extension (Grant ley Avenue Bypass) 

Loan Fund Appropriation $ 25,000 

Pimlico Race Track Impact Program 

State Fund Appropriation $ 376,000 

Dolfield Avenue Commercial Area - Improvements 

Loan Fund Appropriation $ 25,000 

Brooklyn Business Area - Improvements 

Loan Fund Appropriation . $ 25,000 

Waterview Avenue Enterprise Zone 

Loan Fund Appropriation S 120,000 

Port Covington Business Park 

Loan Fund Appropriation $ 4,600,000 

West Baltimore Enterprise Zone 

Loan Fund Appropriation $ 20,000 

Bayview Industrial Park 

Mayor & City Council Real Property Fund Appropriation $ 25,000 

Holabird Industrial Park 

•Mayor & City Council Real Property Fund Appropriation $ 20,000 

Waterfront Improvements 

Loan Fund Appropriation $ 150,000 

Charles Street Corridor - Improvements 

Loan Fund Appropriation S 200,000 

Charles Center 

Loan Fund Appropriation $ 350,000 

Market Center Public Initiative 

Loan Fund Appropriation $ 1,720,000 

Community Development Block Grant Appropriation $ 328,000 

West Fayette Street Renovation 

State Fund Appropriation. ...,.., $ 500,000 

Mayor & City Council Real Property Fund Appropriation $ 200,000 

Neighborhood Services Program 

Loan Fund Appropriation $ 1,250,000 

Mayor & City Council Real Property Fund Appropriation $ 340,000 

Neighborhood Incentive Program 

Loan Fund Appropriation $ 300,000 

UDAG Repayment Funds 

Other Special Fund Appropriation $ 3,000,000 

Business Financing Loan Program 

Loan Fund Appropriation $ 4,000,000 

Community Development Financing 

Loan Fund Appropriation $ 10,080,000 

Govans (Community Development) 

Community Development Block Grant Appropriation $ 100,000 

Outer City Northeast Sector (Community Development) 

Loan Fund Appropriation <> $ 15,000 



310 



Ord. No. 320 



Park Heights (Conununity Development) 

Loan Fund Appropriation $ 226,000 

Conmnunity Development Block Grant Appropriation $ 389,000 

Harlem Park ( Community Development) 

Community Development Block Grant Appropriation $ 105,000 

Reservoir Hill (Community Development) 

Community Development Block Grant Appropriation $ 485,000 

Sandtown-Winchester (Community Development) 

Loan Fund Appropriation $ 67,000 

Community Development Block Grant Appropriation $ 435,000 

Upton (Community Development) 

Community Development Block Grant Appropriation .. $ 250,000 

Franklin Square (Community Development) 

Loan Fund Appropriation $ 81,000 

Community Development Block Grant Appropriation S 1,740,000 

Mount Clare (Community Development) 

Loan Fund Appropriation $ 224,000 

Poppleton (Community Development) 

Community Development Block Grant Appropriation $ 119,000 

Sharp-Leadenhall Community Development 

Community Development Block Grant Appropriation $ 275,000 

Washington Village (Community Development) 

Community Development Block Grant Appropriation . . S 421,000 

Outer City Southwest Sector (Community Development) 

Loan Fund Appropriation .....$ 46,000 

Fairfield (Community Development) 

Community Development Block Grant Appropriation $ 500,000 

Fells Point (Community Development) 

Loan Fund Appropriation $ 1,300,000 

Middle East (Community Development) 

Community Development Block Grant Appropriation $ 410,000 

Washington Hill-Chapel (Community Development) 

Community Development Block Grant Appropriation $ 202,000 

Outer City Southeast Sector (Community Development) 

Loan Fund Appropriation $ 21,000 

Barclay (Community Development) 

Community Development Block Grant Appropriation $ 2,000 

Greenmount West (Community Development) 

Community Development Block Grant Appropriation S 175,000 

Johnston Square (Community Development) 

Community Development Block Grant Appropriation $ 382,000 

Oliver (Community Development) 

Community Development Block Grant Appropriation $ 70,000 

Inner Harbor East 

Community Development Block Grant Appropriation $ 150,000 

State Fund Appropriation $ 3,060,000 

Other Special Fund Appropriation S 1,035,000 

Housing Assistance Program 

Community Development Block Grant Appropriation $ 500,000 

Deferred Loan Program 

Community Development Block Grant Appropriation $ 1,400,000 

Single Family Settlement Expense Loans 

Community Development Block Grant Appropriation $ 300,000 

311 



Ord. No. 320 



C" 

c 

r: 
f 



Nehemiah Housing Opportunities Grant Program 

Consnunity Developntent Block Grant Appropriation $ 1,246,000 

Neighborhood Housing Services 

Community Development Block Grant Appropriation $ 150,000 

Relocation & Property Management (Community Development) 

Community Development Block Grant Appropriation 5 823,000 

Emergency Demolition (Community Development) 

Community Development B'lock Grant Appropriation $ 800,000 

Conservation Areas Program 

Loan Fund Appropriation $ 500,000 

Community Development Block Grant Appropriation $ 215,000 

Hardship Repairs for the Elderly (Community Development) 

Community Development Block Grant Appropriation S 175,000 

Housing Assistance Corporation (Community Development) 

Community Development Block Grant Appropriation $ 3,000 

Single Room Occupancy Sites 

Community Development Block Grant Appropriation $ 100,000 

Vacant House Initiative 

Loan Fund Appropriation $ 500,000 

Community Development Block Grant Appropriation $ 400,000 

State Action Loans for Targeted Areas 

State Fund Appropriation S 400,000 

Baltimore Jobs In Energy (Community Development) 

Community Development Block Grant Appropriation $ 55,000 

Mutual Housing (Community Development) 

Loan Fund Appropriation <> $ 20,000 

St. Pius Exterior Grants Program 

Community Development Block Grant Appropriation $ 10,000 






JAIL 

Construction Reserve 

General Fund Appropriation $ 1,375,000 

State Fund Appropriation. . $ 24,075,000 

Provided that the foregoing Capital Improvement 
Appropriations herein made are for the following projects: 

City Jail - Expansion 

State Fund Appropriation $ 22,700,000 

City Jail - Industries - Security Hardware 

General Fund Appropriation $ 375,000 

State Fund Appropriation S 375,000 

City Jail - Industries - PCB Transformers 

General Fund Appropriation $ 210,000 

State Fund Appropriation $ 210,000 

City Jail - Industries - Fire Exit 

General Fund Appropriation S 115,000 

State Fund Appropriation $ 115,000 

City Jail - Industries - Ventilation 

General Fund Appropriation $ 150,000 

State Fund Appropriation $ 150,000 

Male Detention Center - Alarms & Detectors 

General Fund Appropriation $ 125,000 

State Fund Appropriation » $ 125,000 



312 



Il 



ft 



Ord. No. 320 



Male Detention Center - Emergency Lighting 

General Fund Appropriation $ 135,000 

State Fund Appropriation $ 135,000 

Male Detention Center - Kitchen 

General Fund Appropriation $ 90,000 

State Fund Appropriation S 90,000 

Male Detention Center - Lighting Fixtures 

General Fund Appropriation $ 100,000 

State Fund Appropriation $ 100,000 

Male Detention Center - Area Plumbing 

General Fund Appropriation $ 75,000 

State Fund Appropriation . $ 75,000 



MAYORALTY - RELATED FUNCTIONS 

Construction Reserve 

Loan Fund Appropriation $ 4,000,000 

General Fund Appropriation S 650,000 

338,271 

State Fund Appropriation -. $ 2,750,000 

Other Special Fund Appropriation ■ S 1,947,000 

Provided that the foregoing Capital Improvement 
Appropriations herein made are for the following projects: 

City-Wide Facilities Improvements 

General Fund Appropriation $ 250,000 

Baltimore Museum of Industry - Renovation Physical Facility 

State Fund Appropriation , S 250,000 

Center State - Renovation 

Loan Fund Appropriation S 1,000,000 

State Fund Appropriation $ 1,000,000 

Other Special Fund Appropriation S 1,000,000 

Aquarium Marine Mammal Pavilion - Construction 

Loan Fund Appropriation S 3,000,000 

State Fund Appropriation S 1,500,000 

Other Special Fund Appropriation S 697,000 

Aquarium - Building Resurfacing 

Other Special Fund Appropriation S 50,000 

Aquarium Atlantic Coral Reef - Rehabilitation 

Other Special Fund Appropriation $ 200,000 

Convention Center - Interior Improvements 

General Fund Appropriation $ 4 00; 000 

88,271 

MUSEUM OF ART 

Construction Reserve 

State Fund Appropriation S 240,000 

Other Special Fund Appropriation , . . . S 240,000 

Provided that the foregoing Capital Improvement 



313 



Ord. No. 320 



Appropriations herein made are for the following project: 
Art Musexim - Security Systems - Installation 

State Fund Appropriation , 

Other Special Fund Appropriation 



$ 240,000 
$ 240,000 



OFF-STREET PARKING COMMISSION 



c: 

c 

i 

r 









Construction Reserve 

Loan Fund Appropriation 

Provided that the foregoing Capital Improvement 
Appropriation herein made is for the following project: 
Inner Harbor East Parking Garage 

Loan Fund Appropriation 



$ 7,000,000 



$ 7,000,000 



PUBLIC WORKS 

Construction Reserve - General Services 

Loan Fund Appropriation $ 1,000,000 

General Fund Appropriation $ 795,000 

Motor Vehicle Fund Appropriation $ 120,000 

Provided that the foregoing Capital Improvement 

Appropriations herein made are for the following projects: 
District Police Buildings - Renovations 

General Fund Appropriation. ... ,.,..$ 140,000 

Abandoned Vehicles Storage Center - Expansion 

Motor Vehicle Fund Appropriation S 120,000 

Studio 33 

General Fund Appropriation $ 25,000 

City Hall - Restoration Improvements 

General Fund Appropriation S 83,000 

Wolman Building - Windows/Masonry Improvement 

General Fund Appropriation $ 122,000 

Asbestos Management Program 

Loan Fund Appropriation $ 1,000,000 

General Fund Appropriation $ 425,000 

Construction Reserve - Solid Waste 

Other Special Fund Appropriation S 893,000 

Provided that the foregoing Capital Improvement 
Appropriation herein made is for the following project: 
Quarantine Road Sanitary Landfill - Expansion 

Other Special Fund Appropriation $ 893,000 

Construction Reserve - Waste Water 

Revenue Bond Fund Appropriation $ 22,980,000 

Waste Water Utility Fund Appropriation $ 670,000 

Federal Fund Appropriation $ 34,006,000 

State Fund Appropriation $ 7,668,000 

County Grant Fund Appropriation $ 23,760,000 

Provided that the foregoing Capital Improvement 
Appropriations herein made are for the following projects: 
Back River Plant - Pretreatment Building - Addition 



314 



Ord. No. 320 



Revenue Bond Fund Appropriation $ 3,570,000 

Federal Fund Appropriation $ 1,125,000 

State Fund Appropriation S 187,000 

County Grant Fund Appropriation . . I $ 890,000 

Back River WWTP - New AWT Area - Development 

Revenue Bond Fund Appropriation S 2,580,000 

Federal Fund Appropriation S 10,000,000 

State Fund Appropriation '$ 1,668,000 

County Grant Fund Appropriation $ 2,580,000 

PatapBco Plant - Sludge Receiving Facility - Construction 

Revenue Bond Fund Appropriation S 1,500,000 

County Grant Fund Appropriation $ 1,500,000 

Back River Plant - Fine Screens Installation 

Revenue Bond Fund Appropriation $ 290,000 

Federal Fund Appropriation S 2,275,000 

State Fund Appropriation $ 379,000 

County Grant Fund Appropriation $ 280,000 

Back River Plant - Additional Digesters - Construction 

Revenue Bond Fund Appropriation S 750,000 

Federal Fund Appropriation $ 6,658,000 

State Fund Appropriation S 1,110,000 

County Grant Fund Appropriation $ 750,000 

Patapsco Plant - Grit Removal Facilities - Construction 

Revenue Bond Fund Appropriation ..... $ 1,910,000 

County Grant Fund Appropriation $ 4,460,000 

Mapping Program - Waste Water System 

Waste Water Utility Fund Appropriation $ 270,000 

Patapsco Plant - Monitoring System - Installation 

Revenue Bond Fund Appropriation . $ 1,400,000 

County Grant Fund Appropriation $ 3,000,000 

Canton Sewer - Newkirk/Newgate Extension - Construction 

Revenue Bond Fund Appropriation $ 980,000 

Back River Plant - Monitoring System - Installation 

Revenue Bond Fund Appropriation $ 1,520,000 

County Grant Fund Appropriation $ 1,520,000 

Odor Control Facilities - Back River WWTP 

Revenue Bond Fund Appropriation $ 1,500,000 

County Grant Fund Appropriation $ 1,500,000 

Small Sewer Extensions and Improvements 

Waste Water Utility Fund Appropriation $ 100,000 

Waste Water System - Annual Improvements 

Waste Water Utility Fund Appropriation $ 300,000 

County Grant Fund Appropriation $ 300,000 

Back River Plant - Additional Filtration - Construction 

Revenue Bond Fund Appropriation $ 4,290,000 

County Grant Fund Appropriation $ 4,290,000 

Back River Plant Chemical Facilities - Construction 

Revenue Bond' Fund Appropriation $ 340,000 

Federal Fund Appropriation S 8,216,000 

State Fund Appropriation $ 3,369,000 

County Grant Fund Appropriation $ 340,000 

Back River WWTP - Activated Sludge I - Modification 

Revenue Bond Fund Appropriation $ 2,350,000 

315 



Ord. No. 320 



Federal Fund Appropriation $ 5,732,000 

State Fund Appropriation $ 955,000 

County Grant Fund Appropriation S 2,350,000 

Construction Reserve - Water 

Revenue Bond Fund Appropriation $ 9,060,000 

Water Utility Fund Appropriation '. $ 2,100,000 

Other Special Fund Appropriation. . . . # $ 500,000 

County Grant Fund Appropriation S 5,300,000 

Provided that the foregoing Capital Improvement 
Appropriations herein made are for the following projects: 



C 
C 

I 

r 



C/7 



Water Storage Tanks Maintenance Program 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation $ 

Park Terminal Maintenance Building - Renovation 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation S 

Equipment/Valves/Fire Hydrant Maintenance 

Water Utility Fund Appropriation $ 

County Grant Fund Appropriation $ 

Pikesville Reservoir Chlorinator Station - Construction 

Revenue Bond Fund Appropriation $ 

Prettyboy Dam - Repairs 

Water Utility Fund Appropriation. . $ 

County Grant Fund Appropriation S 

Watershed Roads and Bridges - Maintenance 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation • . . . $ 

Chlorine Leak Detection & Telemetry System 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation $ 

Water System Meter Shop - Renovation 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation $ 

Mapping Program - Water Supply System 

Water Utility Fund Appropriation $ 

Water Main Cleaning Program 

Revenue Bond Fund Appropriation $ 

Small Water Mains - Installation 

Water Utility Fund Appropriation $ 

Other Special Fund Appropriation $ 

Montebello Plant #1 - Sedimentation Basins 

Revenue Bond Fund Appropriation $ 

County Grant Fund Appropriation $ 



10,000 
480,000 

280,000 
520,000 

800,000 
200,000 

500,000 



850,000 
570,000 

1,710,000 
1,800,000 

120,000 
120,000 

630,000 
420,000 

270,000 

3,500,000 

180,000 
500,000 

310,000 
190,000 



RECREATION AND PARKS 

Construction Reserve - Parks 

General Fund Appropriation $ 550,000 

State Fund Appropriation $ 200,000 



316 



Ord. No. 320 

Mayor & City Council Real Property Fund Appropriation $ 24,000 

State Open Space Fund Appropriation $ 1,300,000 

Provided that the foregoing Capital Improvement 
Appropriations herein made are for the following projects: 
Canton Waterfront Park - Acquisition/Development 

General Fund Appropriation S 200,000 

State Fund Appropriation $ 200,000 

Mayor & City Council Real Property Fund Appropriation $ 24,000 

Recreation Center Maintenance Program 

General Fund Appropriation $ 50,000 

State Open Space Fund Appropriation $ 150,000 

Street Tree Planting Program 

General Fund Appropriation $ 100,000 

Park Rehabilitation Program 

State Open Space Fund Appropriation $ 500,000 

Baltimore Playlot Project 

State Open Space Fund Appropriation $ 350,000 

Acquisition of Park Property 

State Open Space Fund Appropriation $ 150,000 

Facility Condition Survey 

General Fund Appropriation $ 150,000 

Cylburn & Druid Hill Park Building - Renovation 

General Fund Appropriation , $ 50,000 

State Open Space Fund Appropriation $ 150,000 

BALTIMORE ZOO 

Construction Reserve 

State Fund Appropriation. ......... $ 300,000 

Provided that the foregoing Capital Improvement 
Appropriation herein made is for the following project: 
Baltimore Zoo - Entrance Facility Construction 

State Fund Appropriation $ 300,000 

TRANSPORTATION 

Construction Reserve - Alley and Footway Paving 

General Fund Appropriation. $ 150,000 

Motor Vehicle Fund Appropriation $ 2,200,000 

Other Special Fund Appropriation $ 2,100,000 

Provided that the foregoing Capital Improvement 
Appropriations herein made are for the following projects: 
Footway Paving Construction Reserve 

General Fund Appropriation $ 150,000 

Other Special Fund Appropriation $ 600,000 

Alley Paving Construction Reserve 

Motor Vehicle Fund Appropriation $ 1,500,000 

Other Special Fund Appropriation $ 1,500,000 

317 



Ord. No. 320 



Sidewalks Damaged by Tree Roots - Repair 
Motor Vehicle Fund Appropriation. . , 



700,000 



Construction Reserve - Conduit Construction 

Other Special Fund Appropriation 

Provided that the foregoing Capital Improvement 
Appropriation herein made is for the following project; 



$ 1,000,000 



c: 

r 
r 
r 

r 



ci 






c 



Conduit Construction Reserve 

Other Special Fund Appropriation $ 1,000,000 

Construction Reserve - Highways Construction 

Loan Fund Appropriation $ 2,100,000 

Federal Fund Appropriation $ 19,534,000 

Motor Vehicle Fund Appropriation $ 25,064,000 

Provided that the foregoing Capital Improvement 

Appropriations herein made are for the following projects: 
Liberty Heights Avenue (Garrison to Callaway) 

Motor Vehicle Fund Appropriation $ 254,000 

Bridge Section Yard - Relocation 

Motor Vehicle Fund Appropriation $ 550,000 

Bond Street Reconstruction (Aliceanna to Thames) 

Motor Vehicle Fund Appropriation $ 520,000 

Pall Mall Road Reconstruction (Shirley to Keyworth) 

Motor Vehicle Fund Appropriation . . . . $ 120,000 

Cold Spring Lane Bridge Over Stoney Run 

Loan Fund Appropriation $ 130,000 

Federal Fund Appropriation $ 520,000 

Denview Way Reconstruction (Relcrest to Force) 

Motor Vehicle Fund Appropriation $ 380,000 

Highway Bridges Inspection Program 

Loan Fund Appropriation $ 120,000 

Federal Fund Appropriation $ 480,000 

Elkins Lane Reconstruction (Heath to Randall) 

Motor Vehicle Fund Appropriation. . $ 100,000 

Greenspring Avenue Bridge Over Western Run 

Loan Fund Appropriation $ 300,000 

Ritter Avenue Reconstruction (Hamilton to Dead End) 

Motor Vehicle Fund Appropriation $ 480,000 

Orleans Street Reconstruction (Central to Wolfe) 

Federal Fund Appropriation $ 1,020,000 

Motor Vehicle Fund Appropriation $ 180,000 

Pimlico Road Reconstruction (Ken Oak to Cross Country) 

Motor Vehicle Fund Appropriation $ 672,000 

Ponca Street Widen/Reconstruction (Boston - O'Donnell) 

Federal Fund Appropriation $ 425,000 

Motor Vehicle Fund Appropriation $ 75,000 

Relcrest Road Reconstruction (Frankford to Denview) 

Motor Vehicle Fund Appropriation. . S 344,000 

Stadium Area Transportation Improvements 

Motor Vehicle Fund Appropriation S 750,000 

1-895 Hopkins/Bayview Ramp & Ponca Street Relocation 

Motor Vehicle Fund Appropriation ....,......$ 200,000 



318 



Ord. No. 320 



Hanover Street Resurfacing (Montgomery to Wells) 

Motor Vehicle Fund Appropriation $ 314,000 

Light Rail Transit System 

Motor Vehicle Fund Appropriation $ 5,000,000 

Warwick Avenue Reconstruction (Frederick to Baltimore) 

Motor Vehicle Fund Appropriation S 542,000 

Greenmount Avenue Rehabilitation (Monument to 42nd) 

Motor Vehicle Fund Appropriation $ 2,138,000 ^ 

Knox Court Reconstruction (Gittings to Dead End) 

Motor Vehicle Fund Appropriation $ 100,000 

Hamburg Street Bridge Over The B&O Railroad 

Federal Fund Appropriation $ 1,416,000 

Patapsco Avenue At Pennington Avenue - Reconstruction 

Motor Vehicle Fund Appropriation S 461,000 

Rockrose Avenue Reconstruction (Maiden to Clipper) 

Motor Vehicle Fund Appropriation $ 475,000 

Ostend Street Bridge Over The B&O Railroad 

Loan Fund Appropriation $ 1,100,000 

Federal Fund Appropriation . $ 4,400,000 

Monroe Street Viaduct Over The B&O Railroad 

Loan Fund Appropriation $ 250,000 

Caroline Street Reconstruction (Aliceanna to Thames) 

Motor Vehicle Fund Appropriation $ 1,164,000 

Thames Street Reconstruction (Philpot to Broadway) 

Motor Vehicle Fund Appropriation $ 200,000 

Alto Avenue Reconstruction (Garrison to Elsinore) 

Motor Vehicle Fund Appropriation $ 40,000 

Williston Street Reconstructioji (Hazlett - Chapelgate) 

Motor Vehicle Fund Appropriation $ 19,000 

Metro-Center Street Improvements 

Motor Vehicle Fund Appropriation $ 500,000 

Housing & Community Development Streets 

Motor Vehicle Fund Appropriation $ 500,000 

Economic Development Street Improvements 

Motor Vehicle Fund Appropriation $ 500,000 

Baltimore Street Resurfacing (Hilton - Franklintown) 

Motor Vehicle Fund Appropriation $ 452,000 

Boston Street Reconstruction (Chester to Lakewood) 

Federal Fund Appropriation $ 4,080,000 

Motor Vehicle Fund Appropriation $ 720,000 

Boston Street Reconstruction (Lakewood to Conkling) 

Federal Fund Appropriation. ... $ 5,419,000 

Motor Vehicle Fund Appropriation $ 926,000 

Charles Street Resurfacing (Homeland to Northern) 

Motor Vehicle Fund Appropriation $ 303,000 

Charles Street Resurfacing (Northern Parkway to North City Line) 

Motor Vehicle Fund Appropriation $ 244,000 

Club Road Bridge Over Roland Run 

Motor Vehicle Fund Appropriation $ 50,000 

Lancaster Street Reconstruction (President to Central) 

• Motor Vehicle Fund Appropriation $ 150,000 

Par)cmont Avenue Reconstruction (Ridgeview to Belair) 

Motor Vehicle Fund Appropriation $ 20,000 

319 



Ord. No. 320 

Bayview Research Park Internal Streets 

Motor Vehicle Fund Appropriation $ 2,000,000 

Stonington Avenue (Rogers Avenue to City Line) 

Motor Vehicle Fund Appropriation S 65,000 

Hamilton Avenue Reconstruction (Pioneer - Woodbourne) 

Motor Vehicle Fund Appropriation $ 40,000 

Herbert Street Reconstruction (Elliunont to Poplar Grove) 

Motor Vehicle Fund Appropriation $ 237,000 

Wisteria^ Avenue Reconstruction (Hamlet - Hampnett) 

Motor Vehicle Fund Appropriation $ 56,000 

Valiquet Avenue Reconstruction (Hamilton to Dead End) 

jj"*. Motor Vehicle Fund Appropriation $ 233,000 

^**y Mannasota Avenue Reconstruction (St. Thomas to Moravia) 

Motor Vehicle Fund Appropriation $ 150,000 

^*' Clifton Avenue Bridge Over Windsor Mill Road 

•^- Loan Fund Appropriation $ 200,000 

C' Melrose Avenue Reconstruction (Bellona to Charles) 

f* Motor Vehicle Fund Appropriation $ 105,000 

: Prospect Circle Reconstruction (Clifton to Clifton) 

r Motor Vehicle Fund Appropriation S 250,000 

s' Beaumont Avenue Reconstruction (York to Kenilworth) 

*. Motor Vehicle Fund Appropriation „ S 107,000 

I Dover Street Reconstruction (Fulton to Dead End) 

Motor Vehicle Fund Appropriation. . S 110,000 

• Craddock Avenue Reconstruction (43rd to Coldspring) 

Motor Vehicle Fund Appropriation. , $ 25,000 

J Chateau Avenue Reconstruction (York Road to Govans Avenue) 

^ Motor Vehicle Fund Appropriation. .... $ 138,000 

^ Roadway Capacity & Safety Improvements 

Motor Vehicle Fund Appropriation $ 350,000 

—.^ Mapping Program - Highways 

^^- ' ^. Motor Vehicle Fund Appropriation $ 250,000 

<j^' 1^, Crestlyn Avenue Reconstruction (Alemeda to Ednor) 

^^.\ .^ Motor Vehicle Fund Appropriation $ 191,000 

y^^ *'"^_ Edgegreen Avenue (Parkhill to Parkhili) 

^^ !* Motor Vehicle Fund Appropriation. . S 190,000 

^O Par)chill Avenue Reconstruction 

^^ Motor Vehicle Fund Appropriation * .... $ 250,000 

Eutaw Street Reconstruction (Pratt to Lombard) 

Federal Fund Appropriation § 766,000 

Motor Vehicle Fund Appropriation $ 135,000 

Eutaw Street Reconstruction (Camden to Pratt) 

Federal Fund Appropriation $ 1,008,000 

Motor Vehicle Fund Appropriation S 178,000 

Cold Spring Lane Resurfacing 

Motor Vehicle Fund Appropriation $ 561,000 

Construction Reserve - Highways Major Reconstruction 

Motor Vehicle Fund Appropriation $ 7,950,000 

Provided that the foregoing Capital Improvement 
Appropriation herein made is for the following projects: 

Low Income Housing Street Improvements 

Motor Vehicle Fund Appropriation $ 650,000 

Local Street Resurfacing Program 

320 






Ord. No. 320 

Motor Vehicle Fund Appropriation S 6,000,000 

Monximent Street Reconstruction 

Motor Vehicle Fund Appropriation $ 1,300,000 

Construction Reserve - Interstate Joint Development 

Loan Fund Appropriation $ 1,609,000 

Federal Fund Appropriation $ 19,091,000 

Motor Vehicle Fund Appropriation. . $ 1,760,000 

Provided that the foregoing Capital Improvement 
Appropriations herein made are for the following projects: 
Jones Falls Expressway (Howard - St. Paul) 

Federal Fund Appropriation $ 5,950,000 

Motor Vehicle Fund Appropriation S 1,050,000 

Charles Street Spur Ramp to the J.F.X. 

Federal Fund Appropriation $ 293,000 

Motor Vehicle Fund Appropriation $ 52,000 

Charles Street Ramp to the J.F.X. 

Federal Fund Appropriation. ........ S 1,857,000 

Motor Vehicle Fund Appropriation , $ 328,000 

Maryland Avenue Bridge - Reconstruction 

Loan Fund Appropriation . $ 885,000 

Federal Fund Appropriation $ 5,015,000 

J.F.X. Bridge Over B&O Railroad - Reconstruction 

Federal Fund Appropriation , $ 1,870,000 

Motor Vehicle Fund Appropriation. $ 330,000 

Charles Street Bridge - Reconstruction 

Loan Fund Appropriation $ 724,000 

Federal Fund Appropriation $ 4,106,000 

Construction Reserve - Interstate Construction 

Loan Fund Appropriation $ 291,000 

Federal Fund Appropriation $ 6,000,000 

Motor Vehicle Fund Appropriation $ 5,783,000 

Provided that the foregoing Capital Improvement 
Appropriations herein made are for the following project: 
Construction Reserve - Highway Program 

Loan Fund Appropriation $ 291,000 

Federal Fund Appropriation $ 6,000,000 

Motor Vehicle Fund Appropriation . S 5,783,000 

Construction Reserve - Storm Water 

State Fund Appropriation. .... .....$ 370,000 

Motor Vehicle Fund Appropriation $ 3,620,000 

Provided that the foregoing Capital Improvement 

Appropriations herein made are for the following projects: 
Baltimore & Ohio Railroad Storm Drain - Construction 

Motor Vehicle Fund Appropriation $ 500,000 

Falls Road Drainage Study 

Motor Vehicle Fund Appropriation $ 50,000 

Lexington Street Storm Drain - Construction 

Motor Vehicle Fund Appropriation $ 100,000 

Storm Drain Inlet Design Study 

321 



c: 

c 







|-rl 


1 



Ord. No. 320 

Motor Vehicle Fund Appropriation $ 100,000 

Druid Park Drive Storm Drain - Repairs 

Motor Vehicle Fund Appropriation $ 100,000 

Druid Park Relief Storm Drain - Construction 

Motor Vehicle Fund Appropriation $ 200,000 

1-95 Ramp at Caton Avenue - Erosion Control 

Motor Vehicle Fund Appropriation $ 200,000 

North Point Road Storm Drain - Construction 

Motor Vehicle Fund Appropriation $ 350,000 

Indian Lane Storm Drain - Construction 

Motor Vehicle Fund Appropriation $ 250,000 

Wetheredsville Road Drainage Study 

Motor Vehicle Fund Appropriation $ 50,000 

Small Storm Drain Repairs 

Motor Vehicle Fund Appropriation $ 100,000 

Maiden's Choice - Caton to Wilkens II - Erosion Control 

Motor Vehicle Fund Appropriation $ 775,000 

Tudor Arms Avenue Storm Drain - Rehabilitation 

Motor Vehicle Fund Appropriation S 10,000 

Herring Run - Erosion Control 

Motor Vehicle Fund Appropriation $ 50,000 

Maiden's Choice Run - Vicinity Yale Avenue - Erosion Control 

Motor Vehicle Fund Appropriation $ 500,000 

Chinquapin Run - Erosion Control 

Motor Vehicle Fund Appropriation. . , $ 50,000 

Keyworth Avenue Storm Drain - Construction 

Motor Vehicle Fund Appropriation $ 100,000 

Lower Gwynns Falls Flood Control - Construction 

State Fund Appropriation $ 370,000 

Motor Vehicle Fund Appropriation $ 135,000 

Construction Reserve - Street Lighting 

Motor Vehicle Fund Appropriation $ 1,500,000 

Provided that the foregoing Capital Improvement 
Appropriation herein made is for the following project: 
Street Lights and Poles - Replacement 

Motor Vehicle Fund Appropriation $ 1,500,000 

URBAN SERVICES AGENCY 



Construction Reserve 

Other Special Fund Appropriation $ 200,000 

Provided that the foregoing Capital Improvement 

Appropriation herein made is for the following project: 
Eubie Blake Cultural Center - Renovation 

Other Special Fund Appropriation $ 200,000 

SECTION 2. AND BE IT FURTHER ORDAINED, That no part of the eunounts appropriated 
in this Ordinance of Estimates shall be made available to pay for costs of any capital 
project not specifically approved through this Ordinance of Estimates or without the 
prior consent of the City Council; and provided further that no part of the amounts 
appropriated in this Ordinance of Estimates shall be made available to any agency without 



322 



Ord. No. 320 



the prior approval of the City Council to pay for occupancy, by lease or otherwise, of 
any facility whose costs exceed the amounts provided in the detail supporting this 
Ordinance of Estimates. 

SECTION 3. AND BE IT FURTHER ORDAINED, That the foregoing appropriations in 
summary consist of: 



Fund 

General 

Education 

Higher Education 

Motor Vehicle 

Federal Grants 

State Grants 

Water Utility 

Waste Water Utility 

Loan & Guarantee Enterprise 

Parking Enterprise 

Special 

City Loan 



Operating 



Capital 



Total 



702,654,000 
787,798,445 


$ 4/425,000 

4,113,271 


$ 707,070,000 

791,911,716 


c 


370,214,000 





370,214,000 


20,691,000 





20,691,000 


2 


105,240,023 


47,997,000 


153,237,023 


^ 


161,873,992 


91,346,000 


253,219,992 


97,678,927 


49,716,000 


147,394,927 


'""• 


51,304,332 


2,100,000 


53,404,332 




78,360,365 


670,000 


79,030,365 




4,453,484 





4,453,484 




9,680,200 





9,680,200 




12,492,785 


73,574,000* 


86,066,785 


< 





49,945,000 


49,945,000 





$ 1,70 4 ,6 4 3,100 
1,000,707,553 



^Consisting Of; 

County Grants $29 , 060 , 000 

Revenue Bonds & Notes $32,040,000 

M&CC Real Property Account $ 1,249,000 

Builders & Property Owners $ 3,600,000 

Other Fund Sources $ 7,625,000 



$ 310,773,000 
310, 4 60,271 
319,461,271 



$ 2,02 4 , 4 10,100 
2,010,2 4 7,02 4 

2.019.248.824 



Approved by the Board of Estimates 



1^. 



President 



Mayor 



Comptroller 



Director of Public Works 



Approved June 29, 1989 



City Solicitor 
BOARD OF ESTIMATES 

KURT L. SCHMOKE, Mayor 



323 



Ord. No. 321 



CITY OF BALTIMORE 



r 
\" 
r 
i 

r 



C 



OROIMANCE NO. 321 



(Council Bill MO. 688) 



AN ORDINANCE concerning 

SUBDIVISION AND DEVELOPMENT PLAN 



FEES 



FOR the purpose of approving charges for subdivision and 
development plans. 

BY Authority 

Article 1 - Mayor, City Council, and Municipal Agencies 

Subtitle - Planning Commission 

Section 71 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the following schedule of charges for the review 
of subdivision and development plans by the Department of 
Planning is hereby approved: 



Major Subdivisions - Residential 



Major Subdivisions - Commercial 



Minor Subdivision 



Plan Revision 



$50 per lot 

$275 minimum 

$1,000 maximum 



$150 per acre 

$500 minimum 

$2,000 maximum 



$150 
$150 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the schedule of charges for the review of 
subdivision and development plans by the Department of Planning 
and in order to give notice of this ordinance, the Director of 
Finance shall transmit a copy of this ordinance to the following: 
the Board of Estimates, the Planning Commission, the Commissioner 
of the Department of Housing and Community Development, the 
Director of Finance, and the Director of the Department of 
Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall teOce effect on the date of its enactment. 



Approved June 29, 1989 



KURT L. SCHMOKE, Mayor 



324 



I 



Ord. No. 322 

CITY OF BALTIMORE 

ORDINANCE NO. 322 

(Council Bill NO. 582) 

AN ORDINANCE concerning 

REZONING - FT. SMALLWOOD ROAD AND HAWKINS PT. ROAD 
FOR the purpose of changing the zoning for certain property in f^ 



the vicinity of Ft. Smallwood Road and Hawkins Pt. Road from 
the B-1-2 Zoning District to the M-3 Zoning District, as 
outlined in red on the plat accompanying this ordinance. 



BY amending Zoning District Maps i I* 

Sheet No. 119 ';V 

Article 30 - Zoning /J 

Baltimore City Code (1983 Replacement Volume, as amended) *^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF .'^ 

BALTIMORE, That Sheet No. 119 of the Zoning District Maps of 

Article 30-Zoning of the Baltimore City Code (1983 Replacement ,^ 

Volume, as amended) title "Zoning" be and it is hereby amended by y 

changing from the B-1-2 Zoning District to the M-3 Zoning "1 

District, the property in the vicinity of Ft. Smallwood Road and 
Hawkins Pt. Road, as outlined in red on the plat accompanying ^ 

this ordinance. ^ 

. -9 

SEC. 2. AND BE IT FtJRTHER ORDAINED, That upon passage of ^ 

this ordinance by the City Council, as evidence of the y 

authenticity of the plat which is a part hereof and in order to JJ 

give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 'C^ 

and when the Mayor approves the ordinance, he shall sign the '1^ 

plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 323 

(Council Bill No. 583) 

325 



•iJ 



Ord. No. 323 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE - INCINERATOR 

FOR the purpose of granting permission to Medical Waste 

Associates for the establishment, maintenance and operation 
of an incinerator on the property located at 3204-3214 
Hawkins Pt. Road, as outlined in red on the plats 
accompanying this ordinance, subject to final licensure by 
the State Department of the Environment, rmd imposing 
certain restrictions on the use of the incinerator , all 
]J'^j' being subject to a list of certain conditions . 



c 



BY authority of 

Article 30 - Zoning 
Sections 7.3-lcc and 11.0-6d 
C. Baltimore City Code (1983 Replacement Volume, as amended) 

r* 

r WHEREAS, In June 1984, Baltimore City adopted a ten-year 

.• Solid Waste Plan in accordance with regulations established by 

' the State Department of Health and Mental Hygiene for the purpose 

V of evaluating the City's solid waste needs and developing a 

r comprehensive plan to meet those needs in an efficient manner; 

and 
» 

WHEREAS, The City's Solid Waste Plan calls for the proper 
"^ disposal of medical waste and the sharing of incinerators among 

"r the hospitals for medical waste disposal; and 

WHEREAS, In October 1988 the Maryland Department of Health 
^- and Mental Hygiene and the Maryland Department of the Environment 

\,. adopted emergency regulations which define acceptable disposal 

P^ j" methods for special medical waste (COMAR 26.13.11); and 

•^ -^ WHEREAS, The City's current system of medical waste disposal 

jfP 'J, is inadequate to ensure compliance with the State's emergency 

jQ (-' regulations; and 

X^ \ WHEREAS, The Northeast Maryland Waste Disposal Authority 

(/y " (the "Authority") (Maryland Code, Natural Resources Article, Sec. 

3-901 et seq.) was created in order to assist certain 
participating political subdivisions of the State of Maryland, 
other public entities and the private sector of the economy in 
providing adequate waste disposal facilities; and 

WHEREAS, For Baltimore City and Anne Arundel, Baltimore and 
Harford Counties the development of a regional medical waste 
incinerator for their respective hospitals is of utmost 
importance ; and 

WHEREAS, In August 1988 the Mayor requested the Authority to 
assist in the development of a Regional Medical Disposal Facility 
for the Baltimore area, and the Authority agreed to work with the 

326 



Ord. No. 323 

Maryland Hospital Association to develop such a facility; now, 
therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted to Medical Waste 
Associates, a Maryland Limited Partnership, for the construction 
and operation of an incinerator for the disposal of special 
medical waste, on the property located at 3204-3214 Hawkins Pt. 
Road, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 7.3-lcc-5 and 11.0-6d 
of Article 30 of the Baltimore City Code (1983 Replacement ^-^ 

Volume, as amended) , and subject to final licensure by the State ^"^ 

Department of the Environment. 



Thg purpose of the goard wji; t?g to; 



fb) Upon commencement of operations of the Medical Waste 
Associates incinerator, to visit th e incinerator at least four 
times per year and to review its operations, performance and air 
quality monitoring reports. Notice will be given to Medical 
Waste Associates 48 hours in advance of each proposed visit. 
Sycn meetings \t\\\ be attended on behalf of Medjcal Waste 
Associates bv one member of the management corporation and one 
member of The Limited Partnership. 

2) Medical Waste Associates shall assist and cooperate with 
t|^e <^9TnTn unity Liaison Board. 

3) Medical Waste Associates shall issue quarterly air 
cmalitv reports to the Community Liaison Board and to the media. 
including the local community newspapers of Fairfield. Curtis 
Bay. Brooklyn and Hawkins Point. 



327 



■Z 



SEC. 2. AND BE IT FURTHER ORDAINED, That use of the "^ 

incinerator will be restricted to facilities located within the ;"1i 

following political subdivisions participating in the Northeast '"^ 

Maryland Waste Disposal Authority: Baltimore City, Baltimore /J 

County, Anne Arundel County, and Harford County. ,'^ 

SEC. 3. AND BE IT FURTHER ORDAI NED. That the permission ^ 
granted b v this Ordinance is granted subject to the following 
conditions; 

11 A Community Liaison Board will be created, consisting of -1 

4 residents of Baltimore City. Each of the following 

associations will appoint a member of the Board: Arundel Cove ^ 

Association. Concerned Citizens for a Better Brooklyn. Curtis Bay ^ 

Community Association, and the Fairfield Improvement Association. 7 



J 



fa) Submit recommendations to the Health Department of 
galtiwore City and tfte Maryland Department: of Environment r:^ 

concerning improvement of air quality and monitoring air quality. ;^ 



.^J 



Ord. No. 323 



C 

c 
r 
\'\ 
r 



4) Me<ai(??il We^s1;e Aggpgj^tes LimJtg^ Partn^fghip shai; pay 
S50. 000.00 per annum for a period of twenty years to the Citv to 
improve the monitoring and air quality of the communities of 

Hawkins p oint, Fg\irfi^ia, Cu rtis gay ana grooHlvn. The funding 

for the payment will come from the income of their operation. 
The first such payment will be made on the last day of the first 
full year of operation, and each of the nineteen annual remaining 
payments will be made on the anniversary date of the first 
payment. Medical Waste Associates shall certify to the 
Commissioner of Health the date of the first day of o peration. 
Each payment will be used by the Health Department of Baltimore 
City, with advice from the Maryland Department of Environment. 

5^ The Health Department will consult with the Community 
Liaison B oard for its input as to potential improvements of air 
Quality and the m onitoring of air quality. 

6) If before Medical Waste Associates has completed its 
twentv-vear cycle of payments of $50.000.00 per annum, the air 
quality of Fairfield. Hawkins Point. Brooklyn and Curtis Bay has 
achieved a standard satisfactory to the Commissioner of Health 
and the Maryland Department of Environment, then the remaining 
payments to be made may be utilized for other environmental 
improvements in these same communities. 



7) The Medical Waste Associates incinerator will be limited 
to an average daily incineration of one hundred fifty tons or 
l^ss. 






g 

r^ 1 
^(/}' 



8) Medical Waste Ass ociates sh all propose and utilize the 
most direct route from each client location to the nearest truck 
route and thence to the beltwav for delivery to its incinerator. 
The AggQgj^tes wjH prepare a cpute foy e^cn client and submit 4t 
to the Baltimore Citv Department of Transportation for review and 
recommendation. The proposed routes and Department of 
Transportation recommendations will be submitted to the Community 
Uaison goayd. 

9) In the operation of the JngJneratQir, Medjca; Waste 

Associate s guarantees a resulting satisfactory air quality as 
determined bv the Maryland State Department of Environment. 



SEC. 3. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and the plat to the following: The Board of Municipal 
and Zoning Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development, the 
Supervisor of Assessments for Baltimore City and the Zoning 
Administrator . 



328 



Ord. No. 324 



SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 324 
(Council Bill No. 592) '^ 

AN ORDINANCE concerning "^ 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - . "^ 

BALTIMORE CITY HEALTH DEPARTMENT *:-^ 

FOR the purpose of providing a supplementary General Fund .;^ 

operating appropriation in the amount of Forty Eight --J 

Thousand Dollars ($48,000) to the Baltimore City Health ;^ 

Department, Program 311 (Health Services for the Aging) , to 
be used for additional operating expenses. 

By authority of .1 
Article VI - Board of Estimates 

Section 2(h) (2) ^ 

Baltimore City Charter (1964 Revision, as amended) j* 

WHEREAS, The money appropriated herein represents State Aid J 

- Local Health Operations which could not be expected with y 

reasonable certainty at the time of the formulation of the ^ 
proposed Ordinance of Estimates for the fiscal year ending June 

30, 1989, in accordance with Article VI, Section 2(h)(2) of the \"^ 

Baltimore City Charter (1964 Revision, as amended) ; and ^ 

WHEREAS, This supplementary General Fund operating ^^ 

appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
3rd day of May, 1989, all in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Forty Eight Thousand Dollars ($48,000) shall 
be made available to the Health Department, Program 311 (Health 
Services for the Aging) , of the City of Baltimore as a 
supplementary General Fund operating appropriation for the fiscal 
year ending June 30, 1989, to provide additional operating 
expenses. The amount thus made available as a supplementary 
General Fund operating appropriation shall be expended from State 
Aid - Local Health Operations which could not be expected with 

329 



Co i: 



Ord. No. 325 

reasonable certainty at the time of formulation of the fiscal 
1989 Ordinance of Estimates, and said funds shall be the source 
of revenue for this supplementary General Fund operating 
appropriation, as required by Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision, as aunended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 

?=: 

.-••1 

c 
c 

r' 

r 
( 

f BALTIMORE CITY HEALTH DEPARTMENT 

FOR the purpose of providing a supplementary General Fund 

operating appropriation in the eunount of Four Thousand Nine 
^ Hundred Sixty Five Dollars ($4,965) to the Baltimore City 

^ Health Department, Program 302 (Environmental Health) , to be 

^. used for additional operating expenses. 



CITY OF BALTIMORE 

ORDINANCE NO. 325 

(Council Bill No. 593) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 



By authority of I 

Article VI - Board of Estimates f 
Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) V 



jP -J^ WHEREAS, The money appropriated herein represents State Aid 

jO (•> - Local Health Operations which could not be expected with 

ff*' reasonable certainty at the time of the formulation of the 

f^ . proposed Ordinance of Estimates for the fiscal year ending June 

(/} 30, 1989, in accordance with Article VI, Section 2(h)(2) of the 

Baltimore City Charter (1964 Revision, as amended) ; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
3rd day of May, 1989, all in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Four Thousand Nine Hundred Sixty-Five Dollars 
($4,965) shall be made available to the Health Department, 

330 



Ord. No. 326 

Program 302 (Environmental Health) , of the City of Baltimore as a 

supplementary General Fund operating appropriation for the fiscal 

year ending June 30, 1989, to provide additional operating 

expenses. The amount thus made available as a supplementary 

General Fund operating appropriation shall be expended from State 

Aid - Local Health Operations which could not be expected with 

reasonable certainty at the time of formulation of the fiscal 

1989 Ordinance of Estimates, and said funds shall be the source 

of revenue for this supplementary General Fund operating 

appropriation, as required by Article VI, Section 2(h)(2) of the 

Baltimore City Charter (1964 Revision as amended) . f^ 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



Approved June 30, 1989 *2 

KURT L. SCHMOKE, Mayor "V 

.0 

CITY OP BALTIMORE -^ 

ORDINANCE NO. 326 
(Council Bill NO. 594) 

AN ORDINANCE concerning 






FEDERAL FUND OPERATING APPROPRIATION TRANSFER - ^ 

BALTIMORE CITY HEALTH DEPARTMENT TO URBAN SERVICES 5* 

ft 

FOR the purpose of transferring a Federal Fund operating y 

appropriation in the amount of Three Hundred Three Thousand ^ 
One Hundred Six Dollars ($303,106) from the Baltimore City 

Health Department, Program 311 (Health Services for the "^ 

Aging) to Urban Services, Program 376 (Day Care) , to carry j^ 
out an amendment to Title XX budget. 



:^ 



By authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, Article VI, Section 2(i) of the Charter of 
Baltimore City (1964 Revision, as amended) provides, that upon 
recommendation of the Board of Estimates, the City Council by 
ordinance may authorize the transfer of an appropriation 
contained in the Ordinance of Estimates from one municipal agency 
to another municipal agency; and 

WHEREAS, The sum of $303,106 was previously appropriated to 
Federal Fund operating funds in the Baltimore City Health 
Department and said $303,106 is now needed for use by Urban 
Services ; and 



331 



Ord. No. 327 



WHEREAS, The Federal Fund operating appropriation transfer 
ordained herein has been recommended to the City Council by the 
Board of Estimates, said recommendation having been made at a 
meeting of said Board held on the 3rd day of May, 1989, all in 
accordance with Article VI, Section 2(i) of the Baltimore City 
Charter (1964 Revision, as amended). 



C 

c 

r 

r 

r 

I 

r 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 2(i) 
of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Three Hundred Three Thousand One Hundred and 
Six Dollars ($303,106) contained in a Federal Fund operating 
appropriation for the Baltimore City Health Department, Progreun 
311 (Health Services for the Aging) , shall be transferred to 
Urban Services, Program 376 (Day Care) . The aimount thus made 
available to Urban Services as a Federal Fund operating 
appropriation will carry out an amendment to Title XX budget. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall t2ike effect on the date of its enactment. 



Approved June 30, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDIMANCB NO. 327 



g.,: 



5- 



(Council Bill No. 595) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
BALTIMORE CITY HEALTH DEPARTMENT 

FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of Forty Thousand 
Seven Hundred Ninety Six Dollars ($40,796) to the Baltimore 
City Health Department, Program 306 (General Nursing 
Services) to be used for additional operating expenses. 



By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents State Aid 
- Local Health Operations which could not be expected with 
reasonable certainty at the time of the formulation of the 
proposed Ordinance of Estimates for the fiscal year ending June 
30, 1989 in accordance with Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision, as amended) ; and 



332 



Ord. No. 328 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
3rd day of May, 1989, all in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Forty Thousand Seven Hundred Ninety Six 
Dollars ($40, 796) shall be made available to the Health 

Department, Program 3 06 (General Nursing Services) of the City of ^^2 

Baltimore as a supplementary General Fund operating appropriation „^ 

for the fiscal year ending June 30, 1989, to provide additional ,'^ 

operating expenses. The amount thus made available as a -ff 

supplementary General Fund operating appropriation shall be ^ 

expended from State Aid - Local Health Operations which could not ^ 

be expected with reasonable certainty at the time of formulation /^ 

of the fiscal 1989 Ordinance of Estimates, and said funds shall JL 

be the source of revenue for this supplementary General Fund V 

operating appropriation, as required by Article VI, Section "^ 

2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . "^ 



c: 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



r\ 







;^ 



CITY OP BALTIMORE 
ORDINANCE HO. 328 
(Council Bill MO. 596) "^ 

AN ORDINANCE concerning 

SUPPLEMENTARY MAYOR AND CITY COUNCIL 

CAPITAL FUND APPROPRIATION - 

DEPARTMENT OF RECREATION AND PARKS (9938-476-019) 

FOR the purpose of providing a supplementary Mayor and City 
Council capital fund appropriation in the amount of Six 
Hundred Five Thousand Nine Hundred Seventy Nine Dollars 
($605,979) to the Department of Recreation and Parks (9938- 
476-019) for the construction of the Administrative 
Headquarters . 

By authority of 

Article VI - Board of Estimates 

333 



Ord. No. 329 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents proceeds 
from the sale of the Callowhill Complex site which could not be 
expected with reasonable certainty at the time of the formulation 
of the proposed Ordinance of Estimates for the fiscal year ending 
June 30, 1989, in accordance with Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision, as amended) ; and 

WHEREAS, This supplementary Mayor and City Council capital 
]J'^^ fund appropriation has been recommended to the City Council by 

^•H the Board of Estimates at a regular meeting of the Board held on 

the 3rd day of May, 1989, all in accordance with Article VI, 
^ Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as 

C amended) . 

p* SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

f- BALTIMORE, That under the provisions of Article VI, Section 

.. 2(h)(3) of the 1964 Revision of the Charter of Baltimore City, as 

' • amended, the sum of Six Hundred Five Thousand Nine Hundred 

> Seventy Nine dollars ($605,979) shall be made available to the 

r Department of Recreation and Parks (9938-476-019) of the City of 

Baltimore as a supplementary Mayor and City Council capital fund 
appropriation for the fiscal year ending June 30, 1989 for 
construction of the Administrative Headquarters. The amount thus 
^ made available as a supplementary Mayor and City Council capital 

,. fund appropriation shall be from proceeds of the sale of the 

^ Callowhill Complex site which could not be expected with 

reasonable certainty at the time of formulation of the fiscal 
^' 1989 Ordinance of Estimates; and said funds from said proceeds 

r,, shall be the source of revenue for this supplementary Mayor and 

f-^-J C City Council capital fund appropriation, as required by Article 

Z^\ *;' VI, Section 2(h)(3) of the Baltimore City Charter (1964 Revision, 



?o 



,* 



as amended) 



^■' SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

. _ shall take effect on the date of its enactment. 

(/} Approved June 30, 1989 KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 329 

(Council Bill No. 597) 

AN ORDINANCE concerning 

GENERAL FUND OPERATING APPROPRIATION TRANSFER - 
URBAN SERVICES TO BALTIMORE CITY HEALTH DEPARTMENT 



334 



Ord. No. 329 

FOR the purpose of transferring a General Fund operating 

appropriation in the amount of Three Hundred Three Thousand 
One Hundred Six Dollars ($303,106) from Urban Services, 
Program 376 (Day Care) to Baltimore City Health Department, 
Prograun 311 (Health Services for the Aging) to provide 
increased local match for State aid. 

By authority of 

Article VI - Board of Estimates 

Section 2(i) 

Baltimore City Charter (1964 Revision, as amended) ^^^ 

WHEREAS, Article VI, Section 2(i) of the Charter of "!^ 

Baltimore City (1964 Revision, as amended) provides, that upon "-^ 

recommendation of the Board of Estimates, the City Council by '— 

ordinance may authorize the transfer of an appropriation "^ 

contained in the Ordinance of Estimates from one municipal agency "^ 

to another municipal agency; and /^ 

• *^ 
WHEREAS, The sum of $303,106 was previously appropriated to "^ 

General Fund operating funds in Urban Services and said $303,106 \ 

is now needed for use by the Baltimore City Health Department; 

and 

WHEREAS, The General Fund operating appropriation transfer 1 
ordained herein has been recommended to the City Council by the 

Board of Estimates, said recommendation having been made at a ^ 

meeting of said Board held on the 3rd day of May, 1989, all in ^ 

accordance with Article VI, Section 2(i) of the Baltimore City ^ 

Charter (1964 Revision, as amended) . ^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF j; 

BALTIMORE, That under the provisions of Article VI, Section 2(i) 
of the 1964 Revision of the Charter of Baltimore City, as ^ 

amended, the sum of Three Hundred Three Thousand One Hundred and "^ 

Six dollars ($303,106) contained in a General Fund operating 
appropriation for Urban Services, Program 376 (Day Care) , shall 
be transferred to the Baltimore City Health Department, Program 
311 (Health Services for the Aging) . The amount thus made 
available to the Baltimore City Health Department as a General 
Fund operating appropriation will provide increased local match 
for State aid. 

SEC. 2. AND BE IT FURTHER " ORDAINED , That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



.:? 



335 



Ord. No. 330 

CITY or BALTIMORE 

ORDINANCE NO. 330 

(Council Bill NO. 598) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
BALTIMORE CITY HEALTH DEPARTMENT 

J^ \ FOR the purpose of providing a supplementary General Fund 

^'"^ operating appropriation in the amount of Sixty Seven 

Thousand Four Hundred Fifty Dollars ($67,450) to the 
^ Baltimore City Health Department, Program 310 (School Health 

^ Services) , to be used for additional operating expenses. 

fV By authority of 

\" Article VI - Board of Estimates 

\' Section 2(h) (2) 

/•' Baltimore City Charter (1964 Revision, as amended) 

' WHEREAS, The money appropriated herein represents State Aid 

- Local Health Operations which could not be expected with 
reasonable certainty at the time of the formulation of the 
proposed Ordinance of Estimates for the fiscal year ending June 
^ - 30, 1989 in accordance with Article VI, Section 2(h)(2) of the 

^ ' Baltimore City Charter (1964 Revision, as cunended) ; and 



WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
3rd day of May, 1989, all in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 



^% 

jO ^■'^ ' SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

*^\ BALTIMORE, That under the provisions of Article VI, Section 

rrZ ' 2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 

C/*' sunended, the sum of Sixty Seven Thousand Four Hundred Fifty 

Dollars ($67,450) shall be made available to the Health 
Department, Program 310 (School Health Services) , of the City of 
Baltimore as a supplementary General Fund operating appropriation 
for the fiscal year ending June 30, 1989, to provide additional 
operating expenses. The amount thus made available as a 
supplementary General Fund operating appropriation shall be 
expended from State Aid - Local Health Operations which could not 
be expected with reasonable certainty at the time of formulation 
of the fiscal 1989 Ordinance of Estimates, and said. funds shall 
be the source of revenue for this supplementary General Fund 
operating appropriation, as required by Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision as aunended) . 



336 



Ord. No. 331 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE MO. 331 

(Council Bill No. 599) '^^ 

AN ORDINANCE concerning '-^ 

SUPPLEMENTARY PARKING ENTERPRISE FUND OPERATING APPROPRIATION - ^ 

OFF-STREET PARKING COMMISSION rj 

. . O 

FOR the purpose of providing a supplementary Parking Enterprise :]^ 

Fund operating appropriation in the amount of One Million .^ 

Five Hundred Thousand Dollars ($1,500,000) to Program 579 _^ 
(Development of Off-Street Parking Facilities) for 
additional operating expenses (debt service) . 

"^ 
By authority of 

Article VI - Board of Estimates 

Section 2(h) (1) ^ 

Baltimore City Charter (1964 Revision, as amended) ^ 

WHEREAS, The money appropriated represents revenue from .^ 

garage operations which could not be expected with reasonable ^ 

certainty at the time of the formulation of the proposed "^ 
Ordinance of Estimates for the fiscal year ending June 30, 1989, 

in accordance with Article VI, Section 2(h)(1) of the Baltimore j^ 

City Charter (1964 Revision, as amended); and ^ 



WHEREAS, This supplementary Parking Enterprise Fund 
operating appropriation has been recommended to the City Council 
by the Board of Estimates at a regular meeting of the Board held 
on the 3rd day of May, 1989, all in accordance with Article VI, 
Section 2(h)(1) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, aj 
amended, the sum of One Million Five Hundred Thousand Dollars 
($1,500,000) shall be made available to the Off-Street Parking 
Commission Program 579 (Development of Off-Street Parking 
Facilities) of the City of Baltimore as a supplementary Parking 
Enterprise Fund operating appropriation for the fiscal year 
ending June 30, 1989, to be used for additional operating 
expenses (debt service) . The amount thus made available as a 
supplementary Parking Enterprise Fund operating appropriation 

337 



^ 



Ord. No. 332 



shall be revenue from garage operations which could not be 
expected with reasonable certainty at the time of formulation of 
the fiscal 1989 Ordinance of Estimates, and said funds shall be 
the source of revenue for this supplementary Parking Enterprise 
Fund operating appropriation, as required by Article VI, Section 
2(h)(1) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall taike effect on the date of its enactment. 



C 

c 
r 



Approved June 30, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 332 



(Council Bill No. 600) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION 
BALTIMORE CITY HEALTH DEPARTMENT 






FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of One Hundred Ninety 
Eight Thousand Six Hundred Thirty Dollars ($198,630) to the 
Baltimore City Health Department, Prograun 300 - 
Administration, to be used for additional operating 
expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as eunended) 

WHEREAS, The money appropriated herein represents State Aid 
- Local Health Operations which could not be expected with 
reasonable certainty at the time of the formulation of the 
proposed Ordinance of Estimates for the fiscal year ending June 
30, 1989, in accordance with Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision, as amended) ; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
3rd day of May, 1989, all in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 



338 



Ord. No. 333 

2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 

amended, the sum of One Hundred Ninety Eight Thousand Six Hundred 

Thirty Dollars ($198,630) shall be made available to the Health 

Department, Program 300 - Administration, of the City of 

Baltimore as a supplementary General Fund operating appropriation 

for the fiscal year ending June 30, 1989, to provide additional 

operating expenses. The amount thus made available as a 

supplementary General Fund operating appropriation shall be 

expended from State Aid - Local Health Operations which could not 

be expected with reasonable certainty at the time of formulation 

of the fiscal 1989 Ordinance of Estimates, and said funds shall ^-^ 

be the source of revenue for this supplementary General Fund "^^ 

operating appropriation as required by Article VI, Section ^!>* 

2(h)(2) of the Baltimore City Charter (1964 Revision as amended). "^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance "^ 

shall take effect on the date of its enactment. ^ 

Approved June 30, 1989 ^ 

KURT L. SCHMOKE, Mayor i 



CITY OF BALTIMORE 



ORDINANCE NO. 333 1 

(Coxincil Bill NO. 622) -^ 

AN ORDINANCE concerning ^ 

SUPPLEMENTARY STATE FUND CAPITAL APPROPRIATION - y 

CITY JAIL ^ 

FOR the purpose of providing a supplementary State Fund Capital '^ 

appropriation in the amount of One Hundred Fifty Thousand ^ 

($150,000) to the City Jail (Account #9924-291-074) to be used -H 

for Industries Building renovations. ^ 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by a State Grant in excess of the amounts from these 
sources estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1989 fiscal year, and said money is therefore available for 
appropriation to City Jail pursuant to the provisions of Article 
VI, Section 2(h)(2) of the Baltimore City Charter (1964 Revision, 
as amended) ; and 



339 



Ord. No. 334 



>\ 

c 

c 

r 

r 

r 

( 









WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates which 
could not be anticipated with reasonable certainty at the time of 
the formulation and adoption of the 'proposed Ordinance of 
Estimates, in accordance with Article VI, Section 2(h)(2) of said 
Charter ; and 

WHEREAS, This supplementary State Fund Capital appropriation 
has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 17th day 
of May, 1989, all in accordance with Article VI, Section 2(h)(2) 
of the Baltimore City Charter (1964 Revision, as aunended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of One Hundred Fifty Thousand Dollars ($150,000) 
shall be made available to the City Jail (Account #9924-291-074) 
as a supplementary State Fund Capital appropriation for the 
fiscal year ending June 30, 1989, for Industries Building 
renovations which could not reasonably be anticipated at the time 
of formulation of the proposed fiscal 1989 Ordinance of 
Estimates. The amount thus made available as a supplementary 
State Fund Capital appropriation shall be expended from revenue 
derived from a State Grant in excess of the amounts from this 
source which were estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1989 fiscal year; and said funds from said State 
Grant shall be the source of revenue for this supplementary State 
Fund Capital appropriation as required by Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



Approved June 30, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDIllANCB NO. 334 

(Council Bill No. 623) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND CAPITAL APPROPRIATION - 
CITY JAIL 

FOR the purpose of providing a supplementary General Fund Capital 
appropriation in the amount of One Hundred Fifty Thousand 



340 



Ord. No. 3 34 

($150,000) to the City Jail (Account /9924-291-074) to be 
used for the Industries Building renovations. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by Private Refuse Disposal Fees in excess of the 

amounts from this source estimated and relied upon by the Board -— ^ 

of Estimates in determining the tax levy required to balance the "^^^ 

budget for the 1989 fiscal year, and said money is therefore \Z 

available for appropriation to the City Jail pursuant to the -^ 

provisions of Article VI, Section 2(h)(3) of the Baltimore City ■'— 

Charter (1964 Revision, as amended); and ^^ 

WHEREAS, The additional sum here appropriated is for a /J 

program included in the current Ordinance of Estimates and is '.^ 

made necessary by a material change in circumstances since the ^ 

formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
17th day of May, 1989, all in accordance with Article VI, Section ^ 

2(h)(3) of the Baltimore City Charter (1964 Revision, as ^ 

amended) . ^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF '^ 

BALTIMORE, That under the provisions of Article" VI, Section ^ 

2(h)(3) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of One Hundred Fifty Thousand Dollars ($150,000) ^ 

shall be made available to the City Jail (Account #9924-291-074) -^^ 

as a supplementary General Fund Capital appropriation for the 
fiscal year ending June 30, 1989, for the Industries Building 
renovations which could not reasonably be anticipated at the time 
of formulation of the proposed fiscal 1989 Ordinance of 
Estimates. The amount thus made available as a supplementary 
General Fund Capital appropriation shall be expended from revenue 
derived from Private Refuse Disposal Fees in excess of the 
amounts from this source which were estimated or relied upon by 
the Board of Estimates in determining the tax levy required to 
balance the budget for the 1989 fiscal year; and said funds from 
said Private Refuse Disposal Fees shall be the source of revenue 
for this supplementary General Fund Capital appropriation as 
required by Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended) . 



:? 



341 



Ord. No. 335 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall tsUce effect on the date of its enactment. 



Approved June 30, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



2n 



c 
c 
r 
[" 
r 

r 



if\ 



r; 

Co' 



c; 



ORDIMAMCB HO. 335 
(Co\incil Bill Mo. 624) 

AN ORDINANCE concerning 

SUPPLEMENTARY STATE FUND CAPITAL APPROPRIATION - 
CITY JAIL 

FOR the purpose of providing a supplementary State Fund Capital 
appropriation in the amount of Fifty Thousand ($50,000) to 
the City Jail (Account #9924-291-010) to be used for a 200 
Bed Expansion Project. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by a State Grant in excess of the amounts from this 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1989 fiscal year, and said money is therefore available for 
appropriation to the City Jail pursuant to the provisions of 
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended) ; and 

WHEREAS, The additional sum here appropriated is for a 
program in the current Ordinance of Estimates which could not be 
anticipated with reasonable certainty at the time of the 
formulation and adoption of the proposed Ordinance of Estimates, 
in accordance with Article VI, Section 2(h)(2) of said Charter; 
and 

WHEREAS, This supplementary State Fund Capital appropriation 
has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 17th day 
of May, 1989, all in accordance with Article VI, Section 2(h)(2) 
of the Baltimore City Charter (1964 Revision, as amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Fifty Thousand Dollars ($50,000) shall be 



342 



Ord. No. 336 

made available to the City Jail (Account /9924-291-010) as a 

supplementary State Fund Capital appropriation for the fiscal 

year ending June 30, 1989, for a 200 Bed Expansion Project which 

could not reasonably be anticipated at the time of formulation of 

the proposed fiscal 1989 Ordinance of Estimates. The amount thus 

made available as a supplementary State Fund Capital 

appropriation shall be expended from revenue derived from a State 

Grant in excess of the amounts from this source which were 

estimated or relied upon by the Board of Estimates in determining 

the tax levy required to balance the budget for the 1989 fiscal 

year; and said funds from said State Grant shall be the source of — ^ 

revenue for this supplementary State Fund Capital appropriation ^^ 

as required by Article VI, Section 2(h)(2) of the Baltimore City 'Z' 

Charter (1964 Revision, as amended). '^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance "'"I 

shall take effect on the date of its enactment. ^ 



Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



vJ 



7 

ORDINANCE NO. 336 1 

(Council Bill No. 625) ^ 

;» 
AN ORDINANCE concerning -^ 

J 

SUPPLEMENTARY STATE FUND CAPITAL APPROPRIATION - y 

CITY JAIL - 100 BED EXPANSION PROJECT ^ 

FOR the purpose of providing a supplementary State Fund Capital i^ 

appropriation in the amount of Seventeen Thousand ($17,000) :^ 

to the City Jail (Account #9924-291-007) to be used for a ^ 

100 Bed Expansion Project. •< 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by a State Grant in excess of the amounts from this 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1989 fiscal year, and said money is therefore available for 
appropriation to the City Jail pursuant to the provisions of 
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended) ; and 

WHEREAS, The additional sum here appropriated is for a 
program which could not be anticipated with reasonable certainty 

343 



Ord. No. 337 

at the time of the formulation and adoption of the proposed 
Ordinance of Estimates, in accordance with Article VI, Section 
2(h)(2) of said Charter; and 

WHEREAS, This supplementary State Fund Capital appropriation 
has been recommended to the City Council by the Board of 
Estimates at a regular meeting of the Board held on the 17th day 
of May, 1989, all in accordance with Article VI, Section 2(h)(2) 
of the Baltimore City Charter (1964 Revision, as eimended) . 

,: SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

^"'j BALTIMORE, That under the provisions of Article VI, Section 

^"« 2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 

amended, the sum of Seventeen Thousand Dollars ($17,000) shall be 
made available to the City Jail (Account #9924-291-007) as a 
supplementary State Fund Capital appropriation for the fiscal 
C year ending June 30, 1989, for a 100 Bed Expansion Project which 

f could not reasonably be anticipated at the time of formulation of 

j" the proposed fiscal 1989 Ordinance of Estimates. The amount thus 

f* ' made available as a supplementary State Fund Capital 

I" appropriation shall be expended from revenue derived from a State 

*. Grant in excess of the amounts from this source which were 

r estimated or relied upon by the Board of Estimates in determining 

the tax levy required to balance the budget for the 1989 fiscal 
year; and said funds from said State Grant shall be the source of 
revenue for this supplementary State Fund Capital appropriation 
; as required by Article VI, Section 2(h)(2) of the Baltimore City 

r Charter (1964 Revision, as amended) . 



c 






SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 337 

(Council Bill NO. 626) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND CAPITAL APPROPRIATION - 
CITY JAIL - 200 BED EXPANSION PROJECT 

FOR the purpose of providing a supplementary General Fund Capital 
appropriation in the amount of Fifty Thousand ($50,000) to 
the City Jail (Account #9924-291-010) to be used for a 200 
Bed Expansion Project. 



344 



Ord. No. 337 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by Private Refuse Disposal Fees in excess of the amounts 
from this source estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1989 fiscal year, and said money is therefore 

available for appropriation to the City Jail pursuant to the — ^ 

provisions of Article VI, Section 2(h)(3) of the Baltimore City ;^ 

Charter (1964 Revision, as amended) ; and *^Z 

WHEREAS, The additional sum here appropriated is for a "-^ 

program included in the current Ordinance of Estimates and is '^ 

made necessary by a material change in circumstances since the ^ 

formulation and adoption of such Ordinance, in accordance with /^ 

Article VI, Section 2(h)(3) of said Charter; and ^ 

WHEREAS, This supplementary General Fund Capital ,y 

appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
17th day of May, 1989, all in accordance with Article VI, Section y 

2(h)(3) of the Baltimore City Charter (1964 Revision, as 'I 

eunended) . 

-^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^ 

BALTIMORE, That under the provisions of Article VI, Section 5P 

2(h)(3) of the 1964 Revision of the Charter of Baltimore City, as ^ 

amended, the sum of Fifty Thousand Dollars ($50,000) shall be ^ 

made available to the City Jail (Account #9924-291-010) as a ^ 

supplementary General Fund Capital appropriation for the fiscal 

year ending June 30, 1989, for a 200 Bed Expansion Project which I^ 

could not reasonably be anticipated at the time of formulation of -^ 

the proposed fiscal 1989 Ordinance of Estimates. The amount thus "ik 

made available as a supplementary General Fund Capital • 

appropriation shall be expended from revenue derived from 

Private Refuse Disposal Fees in excess of the amounts from this 

source which were estimated or relied upon by the Board of 

Estimates in determining the tax levy required to balance the 

budget for the 1989 fiscal year; and said funds from said Private 

Refuse Disposal Fees shall be the source of revenue for this 

supplementary General Fund Capital appropriation as required by 

Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 

Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



345 



Ord. No. 338 



CITY OF BALTIMORE 



ORDINANCE NO. 338 



(Council Bill NO. 627) 



^:'I 



c 

c 

r 

I 

t 

( 

r 






AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND CAPITAL APPROPRIATION - 
CITY JAIL - 100 BED EXPANSION PROJECT 

FOR the purpose of providing a supplementary General Fund Capital 
appropriation in the aunount of Seventeen Thousand ($17,000) 
to the City Jail (Account #9924-291-007) to be used for a 
100 Bed Expansion Project. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by a Private Refuse Disposal Fees in excess of the 
amounts from this source estimated and relied upon by the Board 
of Estimates in determining the tax levy required to balance the 
budget for the 1989 fiscal year, and said money is therefore 
available for appropriation to the City Jail pursuant to the 
provisions of Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended) ; and 

WHEREAS, The additional sum here appropriated is for a 
program which included in the current Ordinance of Estimates and 
is made necessary by material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h) (3 of said Charter; and 

WHEREAS, This supplementary General Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
17th day of May, 1989, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Seventeen Thousand Dollars ($17,000) shall be 
made available to the City Jail (Account #9924-291-007) as a 
supplementary General Fund Capital appropriation for the fiscal 
year ending June 30, 1989, for a 100 Bed Expansion Project which 
could not reasonably be anticipated at the time of formulation of 
the proposed fiscal 1989 Ordinance of Estimates. The amount thus 
made available as a supplementary General Fund Capital 
appropriation shall be expended from revenue derived from a 



346 



Ord. No. 339 



Private Refuse Disposal Fees in excess of the aunounts from this 
source which were estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1989 fiscal year; and said funds from said Private 
REfuse Disposal Fees shall be the source of revenue for this 
supplementary General Fund Capital appropriation as required by 
Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



^ 



n 



CITY OP BALTIMORE '^J 

O 
ORDINANCE NO. 339 



i 



(Council Bill No. 628) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 

CITY JAIL 

FOR the purpose of providing a supplementary General Fund ^ 

operating appropriation in the amount of Four Million -pr 

Dollars ($4,000,000) to the City Jail (Program 290 - Care ^ 

and Custody of Prisoners) to be used for additional > 

operating expenses. j; 

By authority of '.^ 

Article VI - Board of Estimates '^ 

Section 2(h) (3) .^ 

Baltimore City Charter (1964 Revision, as amended) ^ 

WHEREAS, The money appropriated herein represents revenue 
produced by the Recordation Tax; Care of Prisoners - State; Care 
of Prisoners - Federal; Parking Enterprise Fund Transfer; 
Admissions Tax; Miscellaneous Building Inspections and by Savings 
Bank/Building and Loan in excess of the amounts from these 
sources estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1989 fiscal year, and said money is therefore available for 
appropriation to City Jail pursuant to the provisions of Article 
VI, Section 2(h)(3) of the Baltimore City Charter (1964 Revision, 
as amended) ; and 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 

347 



Ord. No. 340 



formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
17th day of May, 1989, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 



^s 



c 

c 

r 
r 
r 
( 

r 



C - 









SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Four Million Dollars ($4,000,000) shall be 
made available to the City Jail (Prograun 290 - Care and Custody 
of Prisoners) as a supplementary General Fund operating 
appropriation for the fiscal year ending June 30, 1989, to 
provide additional operating expenses which could not reasonably 
be anticipated at the time of formulation of the proposed fiscal 
1989 Ordinance of Estimates. The amount thus made available as a 
supplementary General Fund operating appropriation shall be 
expended from revenue derived from the Recordation tax 
($1,256,000); Care of Prisoners - State ($240,000); Care of 
Prisoners - Federal ($150,000); Parking Enterprise Fund Transfer 
($890,000); Admissions Tax ($750,000); Miscellaneous Building 
Inspections ($400,000) and from Savings Bank/Building and Loan 
($305,000) in excess of the amounts from these sources which were 
estimated or relied upon by the Board of Estimates in determining 
the tax levy required to balance the budget for the 1989 fiscal 
year; and said funds from said Recordation Tax; Care of Prisoners 
- State; Care of Prisoners - Federal; Parking Enterprise Fund 
Transfer; Admissions Tax; Miscellaneous Building Inspections and 
Savings Bank/Building and Loan shall be the sources of revenue 
for this supplementary General Fund operating appropriation as 
required by Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



Approved June 30, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 340 

(Council Bill No. 629) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
DEPARTMENT OF EDUCATION - GENERAL FUND SUPPORT 



348 



Ord. No. 340 

FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of Three Million Five 
Hundred Fifty Thousand Dollars ($3,550,000) to the 
Department of Education (Program 725 - General Fund Support) 
to be used for additional operating expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue ;^J 

produced by the Transfer Tax and by Unclaimed Property Proceeds 2 

in excess of the amounts from these sources estimated and relied -^ 

upon by the Board of Estimates in determining the tax levy — 

required to balance the budget for the 1989 fiscal year, and said T^ 

money is therefore available for appropriation to the Department -^ 

of Education pursuant to the provisions of Article VI, Section j^ 

2(h)(3) of the Baltimore City Charter (1964 Revision, as ,^ 

amended) ; and .^ 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 

made necessary by a material change in the circumstances since '^ 

the formulation and adoption of such Ordinance, in accordance "i 

with Article VI, Section 2(h)(3) of said Charter; and 

-^ 

WHEREAS, This supplementary General Fund operating j* 

appropriation has been recommended to the City Council by the 

Board of Estimates at a regular meeting of the Board held on the 

17h day of May, 1989, all in accordance with Article VI, Section ^ 

2(h)(3) of the Baltimore City Charter (1964 Revision, as ^ 

amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^ 

BALTIMORE, That under the provisions of Article VI, Section ;^ 

2(h)(3) of the 1964 Revision of the Charter of Baltimore City, as .• 

amended, the sum of Three Million Five Hundred Fity Thousand 
Dollars ($3,550,000) shall be made available to the Department of 
Education (Program 725 - General Fund Support) as a supplementary 
General Fund operating appropriation for the fiscal year ending 
June 30, 1989 to provide additional operating expenses which 
could not reasonably be anticipated at the time of formulation of 
the proposed fiscal 1989 Ordinance of Estimates. The amount thus . 
made available as a supplementary General Fund operating 
appropriation shall be expended from revenue derived from the 
Transfer Tax ($2,550,000) and from Unclaimed Property Proceeds 
($1,000,000) in excess of the amounts from these sources which 
were estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1989 fiscal year; and said funds from said Transfer Tax and 
Unclaimed Property Proceeds shall be the sources of revenue for 
this supplementary General Fund operating appropriation as 

349 






Ord. No. 341 



required by Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



Approved June 30, 1989 



KURT L. SCHMOKE, Mayor 



i"" 



c 

c 

r 
[■ 
r 

r 









CITY OF BALTIMORE 

ORDINANCE MO. 341 

(Council Bill Mo. 630) 

AN ORDINANCE concerning 

SUPPLEMENTARY EDUCATION FUND OPERATING APPROPRIATION - 
DEPARTMENT OF EDUCATION 

FOR the purpose of providing a supplementary Education Fund 

operating appropriation in the amount of Four Million Eight 
Hundred Thousand ($4,800,000) to the Department of Education 
(Program 708 - General Instruction) to be used for 
additional operating expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated represents revenue produced 
by the Local Share and by the Return of Insurance Reserves in 
excess of the amounts from these sources estimated and relied 
upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1989 fiscal year, and said 
money is therefore available for appropriation to the Department 
of Education pursuant to the provisions of Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in the circumstances since 
the formulation and adoption of such Ordinance, in accordance 
with Article VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary Education Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
17th day of May, 1989, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 



350 



Ord. No. 342 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Four Million Eight Hundred Thousand Dollars 
($4,800,000) shall be made available to the Department of 
Education (Program 708 - General Instruction) as a supplementary 
Education Fund operating appropriation for the fiscal year ending 
June 30, 1989, to provide additional operating expenses which 
could not reasonably be anticipated at the time of formulation of 
the proposed fiscal 1989 Ordinance of Estimates. The amount thus 
made available as a supplementary Education Fund operating 
appropriation shall be expended from revenue derived from the 
Local Share ($3,550,000) and from the Return of Insurance 
Reserves ($1,250,000) in excess of the amounts from these sources ^'^ 

which were estimated or relied upon by the Board of Estimates in -^ 

determining the tax levy required to balance the budget for the -1 

1989 fiscal year; and said funds from said Local Share and the "J 

Return of Insurance Reserves shall be the source of revenue for ,/) 

this supplementary Education Fund Capital operating appropriation ^-- 

as required by Article VI, Section 2(h)(3) of the Baltimore City ^ 

Charter (1964 Revision, as amended) . ^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 342 



^ 



(Council Bill Mo. 631) :^ 

AN ORDINANCE concerning .^ 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
BALTIMORE CITY POLICE DEPARTMENT 

FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of One Million Dollars 
($1,000,000) to the Baltimore City Police Department, 
(Program 205 - Non Actuarial Retirement Benefits) to be used 
for additional operating expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by the Forfeitures - Drug/Gambling Contraband and by 
Private Refuse Disposal Fees in excess of the amounts from these 

351 



Ord. No. 342 

sources estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1989 fiscal year, and said money is therefore available for 
appropriation to the Police Department pursuant to the provisions 
of Article VI, Section 2(h)(3) of the Baltimore City Charter 
(1964 Revision, as amended) ; and 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in the circumstances since 
,| the formulation and adoption of such Ordinance, in accordance 

J>^. ,: with Article VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
17th day of May, 1989, all in accordance with Article VI, Section 

f ^ 2(h)(3) of the Baltimore City Charter (1964 Revision, as 

f amended) . 



c ' 






SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of One Million Dollars ($1,000,000) shall be 
made available to the Police Department (Program 205 - Non 
Actuarial Retirement Benefits) , as a supplementary General Fund 
operating appropriation for the fiscal year ending June 30, 1989, 
to provide additional operating expenses which could not 
reasonably be anticipated at the time of formulation of the 
proposed fiscal 1989 Ordinance of Estimates. The amount thus 
made available as a supplementary General Fund operating 
appropriation shall be expended from revenue derived from the 
Forfeitures - Drug/GamJaling Contraband ($900,000) and from 
'^ Private Refuse Disposal Fees ($100,000) in excess of the amounts 

from these sources which were estimated or relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1989 fiscal year; and said funds from 
said Forfeitures - Drug/Gauobling Contraband and from Private 
Refuse Disposal Fees shall be the sources of revenue for this 
supplementary General Fund operating appropriation as required by 
Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



352 



Ord. No. 343 

CITY OF BALTIMORE 

ORDINANCE NO. 343 

(Council Bill NO. 632) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
DEPARTMENT OF TRANSPORTATION 

FOR the purpose of providing a supplementary General Fund ""^ 

operating appropriation in the amount of Five Hundred Ninety ^Z 

Three Thousand Dollars ($593,000) to the Department of -'^ 

Transportation (Program 196 - Special Services) to be used -^ 

for additional operating expenses. V*1 

By authority of /\ 

Article VI - Board of Estimates *,— 

Section 2(h) (3) A 

Baltimore City Charter (1964 Revision, as amended) ^ 

WHEREAS, The money appropriated herein represents revenue 
produced by the Pilot - Housing Authority in excess of the v 

amounts from this source estimated and relied upon by the Board "I 

of Estimates in determining the tax levy required to balance the 
budget for the 1989 fiscal year, and said money is therefore -^ 

available for appropriation to the Department of Transportation i* 

pursuant to the provisions of Article VI, Section 2(h)(3) of the -^ 

Baltimore City Charter (1964 Revision, as amended) ; and >^ 

."> 

WHEREAS, The additional sum here appropriated is for a 22 

program included in the current Ordinance of Estimates and is 

made necessary by a material change in the circumstances since -' 

the formulation and adoption of such Ordinance, in accordance 
with Article VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
17th day of May, 1989, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Five Hundred Ninety Three Thousand Dollars 
($593,000) shall be made available to the Department of 
Transportation (Program 196 - Special Services) as a 
supplementary General Fund operating appropriation for the fiscal 
year ending June 30, 1989, to provide for additional operating 
expenses which could not reasonably be anticipated at the time of 
formulation of the proposed fiscal 1989 Ordinance of Estimates. 

353 



-^ 



Ord. No. 344 



U :•■ 

C 
C 

r 



The 2unount thus made available as a supplementary General Fund 
operating appropriation shall be expended from revenue derived 
from the Pilot - Housing Authority ($593,000) in excess of the 
amounts from this source which were ' estimated or relied upon by 
the Board of Estimates in determining the tax levy required to 
balance the budget for the 1989 fiscal year; and said funds from 
said Pilot - Housing Authority shall be the source of revenue for 
this supplementary General Fund operating appropriation as 
required by Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



Approved June 30, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 344 
(Council Bill NO. 648) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE - HAWKINS POINT ROAD 



J 



r 




C^ L 




5 c, 




ri. 


C/9 



FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell either at public or private sale all of 
the interest of the Mayor and City Council of Baltimore in 
and to certain properties known as: (1) 3204 Hawkins Point 
Road, (2) 3206 Hawkins Point Road, (3) 3208 Hawkins Point 
Road, (4) 3214 Hawkins Point Road, (5) 3414 Hawkins Point 
Road, (6) Block 7016, Lot 15, (7) 3500 Hawkins Point Road, 
(8) 6100 Heiskell Road and (9) Block 7005, Lot 20 (Rear of 
3210-14 Hawkins Point Road) . 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to sell at either public or private sale in 
accordance with Article V, Section 5(b) of the City Charter (1964 
Revision, as amended) , all of the interest of the Mayor and City 
Council of Baltimore in and to certain parcels of land, together 
with the improvements thereon, known as: (1) 3204 Hawkins Point 
Road, (2) 3206 Hawkins Point Road, (3) 3208 Hawkins Point Road, 
(4) 3214 Hawkins Point Road, (5) 3414 Hawkins Point Road, (6) 
Block 7016, Lot 15, (7) 3500 Hawkins Point Road, (8) 6100 



354 



^2 



Ord. No. 344 

Heiskell Road and (9) Block 7005, Lot 20 (Rear of 3210-14 Hawkins 
Point Road) , and described as follows: 

BEGINNING for the first on the northeast side of the road 
leading from Hawkins Point to Curtis Bay at the distance of 
thirty feet three inches south fifty-seven degrees thirty minutes 
east from the end of the south thirty-eight (degrees west nine 
perches line of the land conveyed to the School Commissioners of 
Anne Arundel County by William B. Chairs by deed dated April 1, 
1899; and running, thence with and binding on said Road south 
fifty-seven degrees thirty minutes east fifty-one feet five 
inches and south sixty-nine degrees thirty minutes east one 
hundred feet; thence leaving said Road and running north twenty 
degrees fifteen minutes east two hundred feet; thence north '^ 

sixty-nine degrees thirty minutes west eighty-five feet six ;^ 

inches to the southeast side of a road thirty feet wide; and " l 

thence binding on the southeast side of said road south thirty- "3 

nine degrees fifteen minutes west one hundred ninety-nine and /p 

eighty-eight one-hundredths feet to the place of beginning. The «« 

improvements thereon being known as No. 3204 Hawkins Point Road. A 

BEGINNING for the second thereof on the northeast side of 
the Road leading from Hawkins Point to Curtis Bay at the distance 

of one hundred eighty-one feet eight inches southeasterly from - 

the end of the south thirty-eight degrees west nine perches line 1 
of the land conveyed by William B. Chairs to the School 

Commissioners of Anne Arundel County by Deed dated April 1st, ^ 

1899 and running thence with and binding on said Road south j» 

sixty-nine and one-half degrees east one hundred feet and thence 'j» 

north twenty and one-fourth degrees east two hundred feet thence ••i 

north sixty-nine and one-half degrees west one hundred feet and > 

thence south twenty and one-fourth degrees west two hundred feet ^^ 
to the place of beginning. The improvements thereon being known 

as No. 3206 Hawkins Point Road. ^' 

SUBJECT to and with the use of the right-of-way, now opened •^ 

and in use. ^ 

BEGINNING for the third thereof at the end of the second 
line of the lot of ground firstly described in a Deed from 
Arundel Federal- Savings and Loan Association to Mongure Ali and 
Estelle O. Ali, his wife, dated August 7, 1937 and recorded among 
the Land Records of Baltimore City in Liber S.C.L. No. 5748, 
folio 327, and running thence north twenty-one and one-fourth 
degrees east two hundred feet thence north sixty-eight and three- 
fourth degrees west one hundred feet thence south twenty-one and 
one-quarter degrees west two hundred feet to the end of the third 
line of the lot firstly described in the said above Deed and 
thence binding reversely on said line south sixty-nine and one- 
half degrees east one hundred feet to the place of beginning. 
Being known as No. 3208 Hawkins Point Road. 

BEGINNING for the fourth thereof on the northeast side of a 
Road leading from Hawkins Point to Curtis Bay at the distance of 

355 



Ord. No. 344 

three hundred and eighty-one feet eight inches southeasterly from 
the end of the south thirty-eight degrees west nine perches line 
of the land conveyed by Williaun B. Chairs to the School 
Commissioners of Anne Arundel County by Deed dated April 1, 1899, 
said place of beginning being at the southeast corner of the lot 
conveyed to William H. Readus by deed dated October 8th, 1906, 
thence running with and binding on said road south sixty-nine and 
one-half degrees east one hundred feet thence north twenty and 
one-fourth degrees east two hundred feet thence north sixty-nine 
and one-half degrees west one hundred feet and thence south 
twenty and one- fourth degrees west two hundred feet to the place 

j;# 'C of beginning. The improvements thereon being known as No. 3214 

,,^ ^ Hawkins Point Road. 



r 



BEGINNING for the fifth thereof on the northeast side of the 
^ County Road leading from Hawkins Point to Curtis Bay at the 

•-■ distance of six hundred forty-six and ninety-eight one -hundredths 

Tl' feet southeasterly from the southeast corner of the lot of ground 

r, which by a Deed dated October 8, 1906, and recorded among the 

r Land Records of Anne Arundel County in Liber G.W. No. 53, folio 

223, was conveyed by Walter R. Townsend et al., to Thomas G. Cook 
and running thence bounding on the northeast side of said County 
r Road south eighty-four degrees thirty-six minutes east seventy 

feet to a slight bend in said road and south eighty-five degrees 
twenty minutes east fifty feet thence north eight degrees forty- 
nine minutes east sixty feet thence south eighty-five degrees 
■ twenty minutes east thirty feet to the lot of ground heretofore 

' conveyed to James Field and wife thence bounding thereon north 

\ eight degrees forty-nine minutes east one hundred sixty-three and 

^ eight-tenths feet thence north sixty-eight degrees forty-five 

minutes west one hundred and fifty-six feet to intersect a line 
drawn north eight degrees forty-nine minutes east from the place 
^ of beginning thence reversing said line and bounding thereon 

C*^ '-. south eight degrees forty-nine minutes west two hundred and 

^' ;*, , eighty-two feet to the place of beginning. The improvements 

^ <^ ;j thereon being known as No. 3414- Hawkins Point Road. 

^ Cm 

^J. BEGINNING for the sixth thereof on the northeast side of the 

-Yl , County Road leading from Hawkins Point to Curtis Bay at the 

L/« distance of 766.98 feet southeasterly from the southeast corner 

^ of the lot of ground which by a Deed dated October 8, 1906, and 

recorded among the Land Records of Anne Arundel County in Liber 
G.W. 52, folio 223, was conveyed by Walter R. Townsend, et al., 
to Thomas G. Cook which point of beginning is intended to be at 
the end of the second line of the deed from George Robinson, 
widower, of Baltimore City, State of Maryland, to David Hunter 
and wife dated November , 1923, and recorded among the Land 
Records of said City and running thence bounding on the third and 
fourth lines of said Deed north eight degrees forty-nine minutes 
east sixty feet south eighty-five degrees 20 minutes east thirty 
feet thence south eight degrees forty-nine minutes west sixty 
feet to the northeast side of said County Road thence on said 
road north eighty- five degrees twenty minutes west thirty feet to 
the place of beginning. Being known as Block 7016, Lot 15. 

356 



Ord. No. 344 

BEGINNING for the seventh thereof at a stone on the 
northeast side of the County Road leading from Hawkins Point to 
Curtis Bay, and at the end of the south eight degrees forty-nine 
minutes west two hundred feet line of the land thirdly described 
in a deed from Dorothy B. Herskell to Mary L. Townsend, dated 
August 2, 1915, and recorded among the Land Records of Anne 
Arundel County in Liber G.W. No. 120, folio 127, etc.; running 
thence and binding on the north side of said road north eighty- 
five degrees twenty minutes west one hundred and thirty feet; 
thence north eight degrees forty-nine minutes east two hundred 
and twenty-three and eight-tenths feet to the south sixty-eight 
degrees forty-five minutes east eight hundred and seventy feet 
line of said land; thence binding on said line south sixty-eight 
degrees forty-five minutes east one hundred and thirty-two and '^ 

seventy-four one-hundredths feet to a stone at the end of said ■;■ 

line; thence south eight degrees forty-nine minutes west still < 

binding on the outline of said land two hundred feet to the "5 

beginning. Containing sixty-six one-hundredths acres of land. .♦*]) 

.»« 

The improvements thereon being Icnown as No. 3500 Hawkins A 

Point Road. ,d 



2 



•"> 



^0 



:> 



BEGINNING for the eighth thereof on the northwest side of a 
road thirty feet wide at the distance of forty-five and one-half 
feet north thirty-nine and one-fourth degrees east from the end i 

of the south fifty- two degrees east sixteen perches line of the 
land conveyed by William B. Chairs to the Board of County School »^ 

Commissioners of Anne Arundel County by deed dated April 1, 1899, ::* 

recorded among the Land Records of Anne Arundel County in Liber z^ 

G.W. No. 13, folio 36, and running thence across the North end of *j 

said road and continuing the same course in all south sixty-eight > 

degrees and forty-five minutes east one hundred seventeen feet to 
the lot conveyed to Genoa Pitts and Estella Olive, thence 
bounding thereon north twenty-one degrees and fifteen minutes •"' 

east two hundred feet to the lot sold to Thomas Cook thence >J 

bounding thereon north sixty-eight and three-fourths degrees west 
one hundred fifty feet to the lot sold to Thomas J. Sexton, 
thence bounding thereon south twenty-one and one-fourth degrees 
west two hundred feet and south sixty-eight and three fourths 
degrees east thirty feet to the place of beginning together with 
the right to use said road thirty feet wide in common with others 
bounding thereon. Being known as No. 6100 Heiskell Road. 

BEGINNING for the ninth thereof at the end of the north 
sixty-nine and one-half degrees west one hundred feet line of the 
land which by a deed dated October 8th, 1906 and recorded among 
the Land Records of Anne Arundel County in Liber G.W. NO. 52, 
folio 213, etc., was conveyed by Walter R. Townsend et al., to 
William H. Readus and running thence bounding reversely on said 
line continuing the same course south sixty-eight degrees forty- 
five minutes east two hundred feet north twenty-one degrees 
fifteen minutes east two hundred feet thence north sixty-eight 
degrees forty-five minutes west two hundred feet and thence south 
twenty-one degrees fifteen minutes west two hundred feet to the 

357 



c 



Ord. No. 345 

place of beginning. Containing ninety-one one-hundredths of an 
acre of land more or less. Being known as Block 7005, Lot 20 
(Rear of 3210-14 Hawkins Point Road) . 

Said properties no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the provisions of 
^p*» 'J^ this Ordinance are severable, and if any provisions, sentence, 

^.•^ ^ clause, section or part hereof is held to be illegal, invalid or 

unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or 
C_ inapplicability shall not affect or impair any of the remaining 

^ provisions, sentences, clauses, sections, or parts of this 

^' Ordinance or their application to other persons or circumstances. 

[... It is hereby declared to be the legislative intent that this 

* . Ordinance would have been passed if such illegal, invalid or 

r. unconstitutional provisions, sentence, clause, section or part 

( had not been included herein, and if the person or circumstances 

f to which this Ordinance or any part hereof is inapplicable had 

been specifically exempted herefrom. 

' SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance 

shall take effect on the date of its enactment. 

^ Approved June 30, 1989 

'' KURT L. SCHMOKE, Mayor 



j- CITY OP BALTIMORE 

ORDINANCE MO. 345 
(Council Bill MO. 435) 



C 

^■ 

fry . AN ORDINANCE concerning 

^ DEPARTMENT OF PUBLIC WORKS 

FOR the purpose of returning to the Department of Public Works 
certain powers and duties assigned to it by Charter which 
had been transferred to the Department of Transportation by 
Ordinance No. 985, approved June 29, 1987. 

RECITALS 

WHEREAS, Resolution 91 of the Mayor and City Council, which 
established the Department of Transportation and disestablished 
the Department of Transit and Traffic, was approved by the voters 
of Baltimore City on November 4, 1986; and 

358 






Ord. No. 345 

WHEREAS, Resolution 91 provides that the powers and duties 
of the Department of Transportation relating to streets, 
transportation and traffic shall be those appointed by ordinance; 
and 

WHEREAS, By Ordinance No. 985, approved June 29, 1987, 
certain powers and duties were provided for the Department of 
Transportation including the transfer to the Department of 
Transportation of certain powers and duties conferred by Charter 
upon the Department of Public Works; and 

WHEREAS, It is the purpose of this ordinance to restore to 
the Department of Public Works certain of the powers and duties 
bestowed upon it by Charter which had been transferred to the 
Department of Transportation by Ordinance No. 985, as aforesaid; 
now, therefor, 

■0 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^0 

BALTIMORE, That effective July 1, 1989, the following Programs, -^ 

with the exception of the Activity numbers of such Programs as • j 

set forth below, are transferred from the Department of .^ 
Transportation to the Department of Public Works: 

196 Special Services with the exception of Activity 009 ^ 

(Highway Landscape Maintenance) and Activity 012 '1 
(Highway Emergency Services) 

518 Maintenance and Repair of Stormwater System -^ 

519 Solid Waste Engineering and Stormwater Management ;* 
548 Conduits z^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That the foregoing > 

powers and functions transferred to the Department of Public IZ 
Works are subject to such modification as may hereafter be 

provided by ordinance. '' 

SEC. 3. AND BE IT FURTHER ORDAINED, That the books, records, 
property and funds of the transferred programs of the Department 
of Transportation are hereby vested in the Department of Public 
Works. 

SEC. 4. AND BE IT FURTHER ORDAINED, That all applications, 
hearings and other proceedings of whatever nature pending before 
the Department of Transportation or relating to the enumerated 
programs of the Department of Transportation shall be completed 
by the Department of Public Works. 

SEC. 5. AND BE IT FURTHER ORDAINED, That all ordinances 
affecting, and all orders, rules and regulations heretofore made 
by the Department of Transportation or pertinent to the described 
programs shall remain in full force and effect until revoked or 
modified by ordinance or by appropriate action of the Department 
of Public Works. References in such ordinances, orders, rules 
and regulations to the Department of Transportation and the above 

359 



:j 



Ord. No. 346 

described progreuns of the Department of Transportation shall be 
deemed applicable to the Department of Public Works. 

SEC. 6. AND BE IT FURTHER ORDAINED, That all contracts, 
leases and obligations relating to the subject matter of this 
ordinance to which the City is a party shall remain in full force 
and effect according to their terms and shall be performed by or 
for the Department of Public Works. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this ordinance 
V shall take effect on the date of its enactment. 

^"\ \. Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 

c 

C CITY OF BALTIMORE 

I- ORDINANCE MO. 346 

(Council Bill No. 601) 

f AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
BALTIMORE CITY HEALTH DEPARTMENT 

' FOR the purpose of providing a supplementary General Fund 

" operating appropriation in the amount of Thirty Seven 

Thousand One Hundred Eighty Five Dollars ($37,185) to the 
Baltimore City Health Department, Program 308 (Children and 
Youth Services) , to be used for additional operating 
expenses. 



^ •- ,v By authority of 

'yP '11;!-. Article VI - Board of Estimates 

JCJ C*- Section 2(h)(2) 

Z^ Baltimore City Charter (1964 Revision, as amended) 

f<1 ■ 

(/) WHEREAS, The money appropriated herein represents State Aid 

- Local Health Operations which could not be expected with 
reasonable certainty at the time of the formulation of the 
proposed Ordinance of Estimates for the fiscal year ending June 
30, 1989, in accordance with Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision, as eunended) ; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
3rd day of May, 1989, all in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 



360 



i 



Ord. No. 347 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of Thirty Seven Thousand One Hundred Eighty Five 
Dollars ($37,185) shall be made available to the Health 
Department, Program 308 (Children and Youth Services) , of the 
City of Baltimore as a supplementary General Fund operating 
appropriation for the fiscal year ending June 30, 1989, to 
provide additional operating expenses. The amount thus made 
available as a supplementary General Fund operating appropriation 
shall be expended from State Aid - Local Health Operations which — ^ 

could not be expected with reasonable certainty at the time of 'j^ 

formulation of the fiscal 1989 Ordinance of Estimates, and said '-Z 

funds shall be the source of revenue for this supplementary '^ 

General Fund operating appropriation, as required by Article VI, — 

Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 1 

amended) . "^ 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 30, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



(Council Bill No. 619) 

AN ORDINANCE concerning 



FOR purpose providing for the execution of, and approving the 

form of, an Amended and Restated Sludge Disposal Agreement 
between the Mayor and City Council of Baltimore (the "City") 
and the Northeast Maryland Waste Disposal Authority (the 
"Authority") or its designee; approving the form of and 
consenting to the execution of an Amended and Restated 
Service Agreement between the Authority and Baltimore City 
Composting Partnership (the "Company") and a First Amendment 
to the Marketing Agreement between the Authority and the 
Company; authorizing the Mayor and other officers or 
officials of the City to take all actions as are necessary 
or desirable to consummate, for and on behalf of the City, 
the transactions provided for herein; and generally 
providing for and determining various matters in connection 
with the amendment of agreements relating to the sludge 
composting facility located in Baltimore City and the 
approval, execution and delivery of documents in connection 
with such amendments. 

361 







ORDINANCE NO. 347 :, 






NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY t^ 

BALTIMORE CITY SLUDGE COMPOSTING FACILITY 5^ 



.1 



r 



Ord. No. 347 



RECITALS 

In November, 1985, the City enacted Ordinance No. 501 which 
authorized the Mayor and City Council of Baltimore (the "City") 
to participate in a sewage sludge composting facility to be 
located in Baltimore City, Maryland (the "Facility") and approved 
the execution of a Sludge Disposal Agreement dated as of December 
1, 1985 (the "Sludge Disposal Agreement") between the City and 
the Northeast Maryland Waste Disposal Authority (the "Authority") 
and other agreements and documents relating to the Facility. 

■T..- - In December, 1985 the Authority issued its $17,350,000 

^,.\ ][ Northeast Maryland Waste Disposal Authority Variable Rate 

Demand/Fixed Rate Revenue Bonds (Baltimore City Sludge Composting 
Facility) Series 1985 in order to finance the cost of the 
C Facility. The proceeds of the Bonds were loaned by the Authority 

(^ to Baltimore City Composting Partnership, a Maryland general 

-^ partnership (the "Company") . 

I The Company agreed to construct , own and operate the 

Facility in accordance with the terms of a Service Agreement 
dated as of December 1, 1985 between the authority and the 

f Company (the "Service Agreement"). Research-Cotterall, Inc., a 

New Jersey corporation ("RCI") , agreed to perform the Company's 
obligations under the Service Agreement pursuant to a 
Construction Management Agreement and an Operation and 
Maintenance Agreement, each dated as of December 1, 1985. 

- The City agreed to deliver specified quantities of sewage 

" , sludge produced at the Back River Wastewater Treatment Plant to 

^. y the Facility for composting and to pay a tipping fee pursuant to 

r^ •* the Sludge Disposal Agreement. The Company assumed the 

-.-• f Authority's obligations under the Sludge Disposal Agreement to 



?- 



compost the City's sludge in accordance with the terms of the 
Sludge Disposal Agreement. 



jQ C**' Construction of the Facility was completed in December, 

m0^' 1986. The Facility began commercial operations in March, 1988. 

(/) In August, 1988, the Company and RCI requested the City and 

the Authority to cunend the Service Agreement, the Sludge Disposal 
Agreement and the Marketing Agreement dated as of December 1, 
1985 among the Authority, the Company and The Fairfield 
Engineering Company (the "Marketing Agreement") . 

Since November, 1988, representatives of the City, the 
Authority and RCI have conducted negotiations concerning the 
amendment of the Sludge Disposal Agreement, the Service Agreement 
and the Marketing Agreement. As a result of such negotiations, 
the following draft amended agreements (collectively, the 
"Amended Project Documents") have been developed: an Amended and 
Restated Service Agreement between the Authority and the Company 
dated as of July 1, 1989 (the "Amended Service Agreement") ; an 
Amended and Restated Sludge Disposal Agreement between the 

362 



Ord. No. 347 

Authority and the City dated as of July 1, 1989 (the "Amended 
Sludge Disposal Agreement") ; a First Amendment to the Marketing 
Agreement among the Authority, the Company and The Fairfield 
Engineering Company dated as of July 1, 1989 (the "Amended 
Marketing Agreement") . 

At a meeting held on April 3, 1989, the* Authority pursuant 
to Resolution No. 82, authorized the Amended Project Documents to 
be delivered to the City for approval, approved the form of the 
Amended Project Qocuments and authorized an Authorized Member of 
the Authority to execute such Amended Project Documents and — ^ 

certain other documents in connection therewith subject to, among 'J^ 

other things, approval by the City of the Amended Project -.S 

Documents to which the City is a party; now, therefore, '^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF '''"I 

BALTIMORE, That it is hereby found and determined that: • '^ 

(a) The ownership and operation of the Facility and the ,«« 
disposal of the Guaranteed Monthly Tonnage and Guaranteed Annual A 
Tonnage, in the manner and upon the terms and conditions ;^ 
described in the Amended Project Documents (as such Amended 

Project Documents may be from time to time amended, supplemented 
or added to by other agreements or documents as permitted and P 

contemplated by the Amended Project Documents and this Ordinance) t 

is in the best interests of the City. 

;^ 

(b) It is in the public interest of the City that the :.9 
Authority take all actions which the Authority, in its ,3» 
discretion, deems to be necessary or appropriate for the *•* 
execution and delivery of the Amended Project Documents, the ji 
execution and delivery of other amended Project Documents (as ]_* 
defined in the Amended Service Agreement, the "Project 

Documents") , the execution and delivery of amended Financing s» 

Agreements (as defined in the Amended Service Agreement, the 5 J 

"Financing Agreements") and the execution and delivery of such 
other documents and agreements relating to the Facility, in order 
to conform such Project Documents, Financing Agreements and other 
documents to the Amended Project Documents. 

SEC. 2. AND BE IT FtJRTHER ORDAINED, That the terms, 
provisions, form, content and substance of the Amended Project 
Documents are hereby approved and adopted. A copy of the Amended 
Project Documents have been presented to the City Council and 
shall be placed in the official records of the City and be made 
available for public inspection at the Department of Legislative 
Reference. The Mayor is hereby authorized on behalf of the City 
to execute and deliver, and to cause to be accepted and executed 
by the other party or parties thereto, the Amended Sludge 
Disposal Agreement. The Amended Sludge Disposal Agreement to be 
so executed and delivered shall be substantially in the form 
hereby approved (i) with such changes in form or such changes in 
content which to do not materially adversely affect the substance 
of the transactions contemplated thereby as may be approved by 

363 



;» 



r 



Ord. No. 347 



the Mayor, his execution thereof to constitute conclusive 
evidence of his approval of any and all changes or revisions 
therein from the form of the Amended Sludge Disposal Agreement 
hereby approved, or (ii) with such other changes as may be 
approved by resolution or resolutions of the City Council or the 
Board of Estimates. It is recognized that, the Authority intends 
to enter into revised contractual arrangements with the Company 
providing for the composting of the Guaranteed Monthly Tonnage 
and Guaranteed Annual Tonnage (each as defined in the Amended 
Sludge Disposal Agreement) of the City at the Facility, or the 
,j^ disposal of the Guaranteed Monthly Tonnage and the Guaranteed 

J*^' ,. Annual Tonnage otherwise as provided in the Amended Sludge 

#»"> " Disposal Agreement, and that the total cost of sludge disposal 

'\ payable under the Amended Sludge Disposal Agreement would 

^" " therefore include amounts payable by the Authority to the Company 

t,. : with respect to the City's Guaranteed Monthly Tonnage and 

C Guaranteed Annual Tonnage under such contractual arrangements. 

1^' I Such revised contractual arrangements between the authority and 

f the Company are hereby approved. The City recognizes that the 

Tipping Fee (as defined in the Amended Sludge Disposal Agreement) 
in effect from time to time depends in part upon (i) the interest 
rate or rates on the Bonds (as defined in the amended Sludge 
r Disposal Agreement) of the Authority issued and sold to finance 

all or a portion of the cost of the facility, that the Bonds may 
have a fixed or variable rate of interest, and that the Bonds may 
be required to be paid upon demand of the holders of the Bonds 
', following notice of such demand, all as provided in the Trust 

Indenture (as defined in the Amended Sludge Disposal Agreement) , 
' and (ii) the composition of sewage sludge supplied by the City 

pursuant to the amended Sludge Disposal Agreement. Accordingly, 
this Resolution hereby authorizes and approves the Tipping Fee 
determined as set forth in the Amended Sludge Disposal Agreement. 



&c. 



^ - 



SEC. 3. AND BE IT FURTHER ORDAINED, That the Mayor shall 
have impressed or imprinted on the Amended Sludge Disposal 
^^ j--"^ Agreement the corporate seal of the City, attested by the 

JU *^*'' Custodian or Alternate Custodian of the Seal. The Mayor and such 

other officers and officials of the City as may be appropriate 
, _ are hereby authorized and directed to take all actions which the 

C/' Mayor or other such officers or officials may deem necessary or 

appropriate (i) to execute and deliver, and to cause to be 
executed and accepted by the other party or parties thereto, the 
Amended Sludge Disposal Agreement, and (ii) to consummate, for 
and on behalf of the City, the transactions approved by this 
Resolution, such actions to include (without limitation) the 
execution or granting of any acknowledgment, release, consent or 
approval required for the assignment bf or consent to any of the 
Amended Project Documents, the aunended Project Documents or the 
amended Financing Agreements and the execution and delivery of 
all other certificates, opinions, consents, acknowledgments, 
assignments or other documents or instruments which the Mayor or 
other such officers or officials may deem necessary or 
appropriate in connection with the execution and delivery of such 
documents . 

364 



Ord. No. 34S 

SEC. 4. AND BE IT FURTHER ORDAINED, That the provisions of 
this Ordinance are severable, and if any provision, sentence, 
clause, section or part thereof is held illegal, invalid, 
unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity, unconstitutionality or 
inapplicability shall not affect or impair any of the remaining 
provisions, sentences, clauses, sections or parts of this 
Ordinance or their application to other persons or circumstances. 
It is hereby declared to be the legislative intent that this 
Ordinance would have been adopted if such illegal, invalid, 

unconstitutional or inapplicable provision, sentence, clause, —^ 

section or part had not been included there, and as if the person ;"J 

or circumstances to which this Ordinance or any part thereof is ji— 

inapplicable had been specifically exempted therefrom. '^ 

*■■■ 

SEC. 5. AND BE IT FURTHER ORDAINED, That this ordinance V*l 

shall take effect on the date of its enactment. ^*J 

o 

Approved June 30, 1989 ,«« 

KURT L. SCHMOKE, Mayor A 

^** 

CITY OP BALTIMORE 
ORDINANCE NO. 348 *\ 

(Council Bill No. 660) ,^ 

taw 
AN ORDINANCE concerning ^^i 

1 



RAPID TRANSIT SYSTEM SECTION C 



FOR the purpose of granting franchise rights to the Mass Transit 

Administration of the Department of Transportation of the :» 

State of Maryland for the location, construction, operation ^ 

and maintenance in good condition of Section C of the ^ 

Baltimore Region Rapid Transit System within the boundaries •' 

of the City of Baltimore, and setting the terms, conditions, 

and requirements of the Mayor and City Council pertaining to 

such location, construction, operation and maintenance in 

good condition, and authorizing the Mass Transit 

Administration to make use of streets and other public areas 

within the City of Baltimore for these purposes, in 

accordance with the plat thereof, entitled "Baltimore Region 

Rapid Transit System, Section C Route Map" as prepared by 

the Mass Transit Administration of the Department of 

Transportation of the State of Maryland and dated April 1, 

1988 and filed in the Department of Public Works of the City 

of Baltimore on the 15th day of April, 1988, and now on file 

in said office. 

WHEREAS, Pursuant to the Transportation Article of the 
Annotated Code of Maryland (1977 Replacement Volume and 1989 
Supplement) , the Mass Transit Administration of the Department of 

365 



c 



Ord. No. 348 

Transportation of the State of Maryland is authorized to plan, 
design, develop, finance, operate and maintain a Region Rapid 
Transit System serving the Baltimore Metropolitan Area; and 

WHEREAS, The planned Section C line of the aforesaid Region 
Rapid Transit System lies entirely within the boundaries of the 
City of Baltimore; and, 

WHEREAS, Section 7-701 of the aforesaid Transportation 
Article requires the Mass Transit Administration to comply with 
all laws, ordinances, and regulations of the City of Baltimore 
T^ );, with respect to zoning, signs, and buildings, with respect to 

J'H ^' traffic control and regulation, and with respect to the use of 

streets, highways, and all other vehicular facilities, in 
.. connection with portions of the aforesaid Baltimore Region Rapid 

C. Transit System to be constructed and operated within the City of 

^. Baltimore, and further provides that said Administration may not 

r* locate, construct and maintain any of its transit and related 

•-• facilities in, upon, over, under or across any highways, streets, 

I ' lanes, alleys, land under water, waterfront, public landings, 

wharf property, wharves and docks, parks, and sidewalks of the 
City of Baltimore without the consent of, and except upon the 
' terms and conditions required by the Mayor and City Council of 

the City of Baltimore; and 

WHEREAS, The Mayor and City Council of Baltimore, a 
^ municipal corporation of the State of Maryland, and the Maryland 

' Department of Transportation, acting by and through its Mass 

^ Transit Administration, have, further entered into a General 

Agreement for the Rapid Transit System Section C, dated May 14, 
1989, which establishes general guidelines and formal working 
relationships between the Mass Transit Administration and the 
r^* r Mayor and City Council of Baltimore with respect to design review 

^ ["^y"-', and coordination, acquisition and relocation of properties and 

/^ '-J'i businesses, coordination of disposition programs, the issuance of 

J^ iii«' permits for construction on both public and private property, 

^ *•<•' coordination of construction and the maintenance of traffic 

•JJ* during construction, pursuant to City of Baltimore laws and 

r^ ordinances, in order that Section C of the Baltimore Region Rapid 

(/) Transit System may be designed and accommodated within the City 

of Baltimore; and 

WHEREAS, The Mass Transit Administration has requested from 
the Mayor and City Council of Baltimore franchise rights for the 
construction and operation of Section C of the aforesaid 
Baltimore Region Rapid Transit System within the City of 
Baltimore; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Consent of the said Mayor and City Council is 
hereby given to the Mass Transit Administration of the Department 
of Transportation of the State of Maryland for the construction 
of Section C of the Baltimore Region Rapid Transit System within 
the limits of the City of Baltimore, in accordance with the plat 

366 



n 



i 



Ord. No. 348 

thereof entitled "Baltimore Region Rapid Transit System Section C 
Route Map** as prepared by the Mass Transit Administration of the 
Department of Transportation of the State of Maryland and dated 
April 1, 1988, and filed in the Department of Public Works of the 
City of Baltimore on the 15th day of April, 1988, and now on file 
in said office. The said Mass Transit Administration is hereby 
authorized, within the City of Baltimore, to build, locate, 
construct, maintain in good condition and operate by itself, its 
successors and assigns. Section C of the Baltimore Region Rapid 
Transit System with one or more tracks, with such switches, 

turnouts, sidings, stations, station public entrances and — «• 

appurtenant facilities, depots, sewers for drainage, shafts for '^^ 

ventilation, overhead structures and other appurtenances, as it :Z 

may deem necessary for the proper design, construction, operation ^ 

and maintenance in good condition of said Section C of the -^ 

Baltimore Region Rapid Transit System and the accommodation of '^1 

the traffic of the same in, upon, over, under, or across the "^ 

highways, streets, lanes, alleys, land under water, water front, '-5 

public landings, wharf property, wharves and docks, parks and .'d 

sidewalks of the City of Baltimore (hereinafter sometimes called A 

"Public Property or Places") , and to maintain in good condition ^^ 

and repair all such structures, tracks, stations, station public 
entrances and appurtenances herein above mentioned at the sole 
cost and expense of the Mass Transit Administration of the } 

Department of Transportation of the State of Maryland. The said '( 

Mass Transit Administration of the Department of Transportation 
of the State of Maryland, its successors and assigns, shall .ji 

comply with at all times all the ordinances of the City of ^» 

Baltimore providing for condemnation, construction, maintenance .91 

and repair of all facilities, both public and private, within i| 

such Public Property and Places; and ^ 

<• 

Providing always that the said Mass Transit Administration 
shall not in any manner injure or displace any structure or other '^ 

property of the City of Baltimore on, above, within, or below the '^ 

public right-of-way herein above mentioned without either I| 

restoring, relocating, replacing, repaving, refilling or »' 

repairing said structures and property at their entire expense, 
or paying to the City all expenses and costs in connection 
therewith, in accordance with the requirements and provisions of 
the General Agreement between the Mass Transit Administration and 
the City of Baltimore for Section C of the Baltimore Metro, dated 
June 14, 1989; and 

Provided also, that the said Mass Transit Administration 
shall promptly and at its own expense, repave in good order and 
make appropriate and necessary surface restoration of each such 
Public Property or Place as the Mass Transit Administration may 
find it necessary to dig, impair or unpave for the purpose of 
constructing or maintaining the aforesaid rapid transit 
facilities; and 

Provided further, that if the said Mass Transit 
Administration shall omit or neglect to repair or repave or make 

367 



r 



Ord. No. 348 






c 
c 

r 

f 






such appropriate and necessary surface restoration of any such 
Public Property or Place, or any part thereof, as aforesaid, 
within a reasonable space of time after completion of its 
necessary construction activities, as provided for by the 
Director of the Department of Public Works of the City of 
Baltimore in his notice, the said Mass Transit Administration 
shall, for each such omission, or neglect, forfeit and pay to the 
use of the City of Baltimore such sum as the Director of the 
Department of Public Works shall adjudge to be reasonable and 
proper under the circumstances, subject to a review on the record 
by a court of competent jurisdiction. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the refilling, 
repairing, repaving, replacing, relocating, and restoring 
required to be done by the provisions of the preceding section, 
shall be subject to the approval of the Director of the 
Department of Public Works of the City of Baltimore, or his duly 
authorized representative, and if, through omission or neglect, 
or any cause, an emergency condition shall arise or obtain, 
which, in the judgment of said Director, jeopardizes the health, 
welfare, or safety of the community, the Director may cause such 
repairing, repaving, replacing, relocating, and restoring to be 
done so as to end the emergency condition: 

Provided further, that said Director may file suit in the 
nsune of the Mayor and City Council of the City of Baltimore 
against said Mass Transit Administration to recover the expense 
of said repairing, repaving, replacing, relocating, and restoring 
necessitated by said emergency. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the said Mass 
Transit Administration shall, in its construction of rapid 
transit stations for Section C of the Baltimore Region Rapid 
Transit System, provide for, construct, and maintain in good 
condition, public entrance plazas adjacent to and around the 
locations of public entrances to such stations, upon land 
specifically acquired by said Mass Transit Administration for 
such purpose, and including such permanent plaza surface 
treatments, signs and kiosks, seating, decorative planting area 
and landscaping elements, civic or artistic embellishments, and 
lighting as necessary for the functioning of such entrance plazas 
and the enjoyment of the public utilizing them. 

SEC. 4. AND BE IT FURTHER ORDAINED, That wherever private 
entrance connections are to be constructed between private 
properties and structures, whether existing or to be constructed, 
and adjacent rapid transit station structures, where such private 
connections are to be located and constructed over, across, in, 
or under the Public Property or Places of the City of Baltimore, 
that the location, design and construction of such private 
entrance connections shall be subject to the approval of the City 
of Baltimore. 



368 



Ord. No. 349 

SEC. 5. AND BE IT FURTHER ORDAINED, That the provisions of 
the ordinance are hereby declared to be severable. If any word, 
phrase, clause, sentence, paragraph, section or part in or of 
this ordinance, or the application thereof to any person or 
circumstance, is declared invalid, the remaining provisions and 
the applications of such provisions to other persons or 
circumstances shall not be affected thereby but shall remain in 
full force and effect, the Mayor and City Council hereby 
declaring that they would have ordained the remaining provisions 
of this ordinance without the word, phrase, clause, sentence, 

paragraph, section or part, or the application thereof, so held — • 

invalid. "^ 

SEC. 6. AND BE IT FURTHER ORDAINED, That when the conditions -^ 

imposed by any provision of this ordinance are either more -^ 

restrictive or less restrictive than comparable conditions i'^l 

imposed by any other law, ordinance, resolution, rule, regulation "^ 

or agreement of any kind of the Mayor and City Council of r) 

Baltimore, the conditions that are more restrictive shall govern. *- 

SEC. 7. AND BE IT FURTHER ORDAINED, That this ordinance ;J 

shall take effect on the date of its enactment. 

Approved June 30, 1989 ^ 

KURT L. SCHMOKE, Mayor "I 



CITY OF BALTIMORE 

ORDINANCE NO. 349 

(Council Bill No. 430) 



AN ORDINANCE concerning :» 

BID AND PERFORMANCE BOND THRESHOLDS j 

FOR purpose of establishing a dollar threshold above which a bid 
or a performance bond will be required from bidders and 
contractors bidding and working on City contracts pursuant 
to the procurement provisions of the City Charter. 

BY adding to 

Article 1 - Mayor, City Council, and Municipal Agencies 
Subtitle - to be under a new subtitle. Contracts - Bid and 

Performance Bonds 
Section 18A 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY authority of 

Article VI - Board of Estimates 

Section 4(h) 

Baltimore City Code (1983 Replacement Volume, as amended) 

369 



Ord. No. 350 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or eunended, 
to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

CONTRACTS - BID AND PERFORMANCE BONDS 



c ■ 

c 



18 A. REQUIREMENTS. 

PURSUANT TO THE PROVISIONS OF ARTICLE VI, SECTION 4(H) OF 
THE BALTIMORE CITY CHARTER (1964 REVISION, AS AMENDED), A BIDDER 
ON A CONTRACT FOR ANY PUBLIC WORK OR THE PURCHASE OF ANY 
SUPPLIES, MATERIALS, EQUIPMENT, OR SERVICES FOR THE CITY OR BY 
ANY MUNICIPAL AGENCY IS REQUIRED TO POST A BID BOND IF THE BID IS 
MORE THAN $100,000. 

A CONTRACTOR ON A CONTRACT FOR ANY PUBLIC WORK OR THE 
PURCHASE OF ANY SUPPLIES, MATERIALS, EQUIPMENT, OR SERVICES FOR 
THE CITY OR BY ANY MUNICIPAL AGENCY IS REQUIRED TO POST A 
PERFORMANCE BOND IF THE CONTRACT IS FOR MORE THAN $100,000. 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 



Approved July 6, 1989 



KURT L. SCHMOKE, Mayor 






CITY OP BALTIMORE 

ORDINANCE MO. 350 

(Council Bill MO. 433) 

AN ORDINANCE concerning 

CITY STREET - OPENING OF CERTAIN STREETS AND ALLEYS OR PORTIONS 
THEREOF LYING WITHIN THE BHOOKIHaC BUSINESS AREA URBAN RENEWAL 

FOR the purpose of condemning and opening certain streets and 
alleys or portions thereof lying within the Brooklyn 
Business Area Urban Renewal Project in accordance with a 
plat thereof numbered 347-A-46 prepared by the Surveys and 
Records Division and filed in the Office of the Department 
of Public Works, on the second (2nd) day of November, 1988. 

BY authority of 

Article I - General Provisions 
Section 4 

Article II - General Powers 
Sections 2, 34, 3 5 

370 






Ord. No. 350 

Baltimore City Charter (1964 Revision, as aunended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn arid open certain 
streets and alleys or portions thereof lying within the Brooklyn 
Business Area Urban Renewal Project the streets and alleys or 
portions thereof hereby directed to be condemned for said opening 
described as follows: 

1 - Beginning for Parcel No. 1 at the point formed by the — • 
intersection of the northwest side of Potee Street, 70 feet wide ^ 
and the northeast side of Washburn Avenue, 40 feet wide and 2 
running thence binding on the northwest side of said Potee "5 
Street, South 21*^-17 '-40" West 40.0 feet to intersect the "-- 
southwest side of said Washburn Avenue; thence binding on the •'! 
southwest side of said Washburn Avenue, North 68°-42'-20" West *J 
68.8 feet; thence by a straight line, North 21''-17'-40" East 20.0 ^ 
feet to a point in the center line of said Washburn Avenue; ^'- 
thence binding on the center line of said Washburn Avenue, North j 
68=' -42 '-20" West 71.2 feet to intersect the line of the northwest ;J 
outline of the property known as No. 3720/3730 Potee Street, if 

projected southwesterly; thence binding reversely on said line so ^ 

projected, North 21^ -17 '-40" East 20.0 feet to intersect the ^ 

northeast side of said Washburn Avenue, and thence binding on the >' 

northeast side of said Washburn Avenue, South 68'' -42 '-20" East 

140.0 feet to the place of beginning. ^ 

2 - Beginning for Parcel No. 2 at the point formed by the y 
intersection of the northwest side of Potee Street, 70 feet wide j 
and the northeast side of Garrett Street, 40 feet wide and i 
running thence binding on the northwest side of said Potee j 
Street, South 21<'-17'-40" West 40.0 feet to intersect the 

southwest side of said Garrett Street; thence binding on the ^ 

southwest side of said Garrett Street, North 68'' -42 '-20" West ;J 

140.0 feet to intersect the line of the northwest outline of the ',Z 

property known as No. 3720/3730 Potee Street, if projected ' 

northeasterly; thence binding on said line so projected. North 
21''-17'-40" East 40.0 feet to intersect the northeast side of 
said Garrett Street, and thence binding on the northeast side of 
said Garrett Street, South 68''-42'-20" East 140.0 feet to the 
place of beginning. 

3 - Beginning for Parcel No. 3 "at the point formed by the 
intersection of the southwest side of Bristol Avenue, 40 feet 
wide and the southeast side of a 14 foot alley, distant North 

68=* -42 '-20" West 102.82 feet measured along the southwest side of 
said Bristol Avenue from the northwest side of Hanover Street, 70 
feet wide, and running thence binding on the southeast side of 
said 14 foot alley, South 22° -53 '-10" West 76.71 feet to 
intersect the northeast side of Potee Street, 70 feet wide; 
thence binding on the northeast side of said Potee Street, North 
26^-31'-30" West 18.44 feet to intersect the northwest side of 
said 14 foot alley; thence binding on the northwest side of said 

371 



p 



Ord. No. 351 

14 foot alley, North 22'' -53 '-10" East 64.32 feet to intersect the 
southwest side of said Bristol Avenue, and thence binding on the 
southwest side of said Bristol Avenue, South 68'' -42 ' -20" East 
14.01 feet to the place of beginning. 

The said streets and alleys or portions thereof as directed 
to be condemned being more particularly described and referred to 
among the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 347-A-46 which was filed in 
the Office of the Department of Piiblic Works on the second (2nd) 
^ day of November in the year 1988 and is now on file in said 

'^p^ 'C^ office. 

*^" !* SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 

said Department of Public Works, with reference to the 
^ condemnation and opening of said streets and alleys or portions 

^ thereof and the proceedings and rights of all parties interested 

or affected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the Code 
-^ of Public Local Laws of Maryland and the Charter of Baltimore 

r City (1964 Revision, as amended) and any and all amendments 

f thereto, and any and all other Acts of the General Assembly of 

r Maryland, and any and all ordinances of the Mayor and City 

Council of Baltimore, and any and all rules or regulations in 
effect which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

; SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 

'" shall take effect on the date of its enactment. 

Approved July 6, 1989 
r KURT L. SCHMOKE, Mayor 

IP 

rrl , (Council Bill Ho. 434) 

^ AN ORDINANCE concerning 

CITY STREET - CLOSING OF CERTAIN STREETS AND ALLEYS OR PORTIONS 
THEREOF LYING WITHIN THE BRDBHttZBTBUSINESS AREA URBAN RENEWAL 

FOR the purpose of condemning and closing certain streets and 
alleys or portions thereof lying within the Brooklyn 
Business Area Urban Renewal Project in accordance with a 
plat thereof numbered 347-A-46A prepared by the Surveys and 
Records Division and filed in the Office of the Department 
of Public Works, on the Second (2nd) day of November, 1988. 

BY authority of 

Article I - General Provisions 

372 



CITY OF BALTIMORE 
ORDINANCE NO. 351 



L 



Ord. No. 351 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemji and close certain 
streets and alleys or portions thereof lying within the Brooklyn 
Business Area Urban Renewal Project the streets and alley or 

portions thereof hereby directed to be condemned for said closing -•* 

being described as follows: "J 

1 - Beginning for Parcel No. 1 at the point formed by the ,'5 
intersection of the northeast side of Washburn Avenue, 40 feet -"- 
wide and the line of the northwest side of a 15 foot alley, laid "1 
out 63.8 feet northwest of Potee Street, 70 feet wide, if • 'J 
projected northeasterly, and running thence binding reversely on i^j 
said line so projected. South 21''-17'-40" West 40.00 feet to J- 
intersect the southwest side of said Washburn Avenue; thence 'J 
binding on the southwest side of said Washburn Avenue, North 68"- 

42 '-20" West 321.20 feet to the northwesternmost extremity of 

said Washburn Avenue; thence binding on the northwesternmost ^ 

extremity of said Washburn Avenue, North 21^ -17 '-40" East 40.00 ^^ 

feet to intersect the northeast side of said Washburn Avenue, and *! 

thence binding on the northeast side of said Washburn Avenue, 

South 68^-42 '-20" East 321.20 feet to the place of beginning. ^i 

2 - Beginning for Parcel No* 2 at the point formed by the »• 
intersection of the southeast side of Leadenhall Street, 60 feet y 
wide and the northeast side of a 15 foot alley, laid out 72.5 i 
feet northeast of Talbott Street, 50 feet wide, and running * 
thence binding on the line of the northeast side of said 15 foot 

alley, if projected northwesterly. North 68^ -42 '-20" West 60.00 ' 

feet to intersect the northwest side of said Leadenhall Street; J 

thence binding on the northwest side of said Leadenhall Street, I 

North 21-^- 17 '-40" East 94.68 feet to intersect the southwest ' 

side of Washburn Avenue, 40 feet wide; thence binding on the 
southwest side of said Washburn Avenue, South 68^ -42 '-20" East 
60.00 feet to intersect the southeast side of said Leadenhall 
Street, and thence binding on the southeast side of said 
Leadenhall Street, South 21*^ -17 '-40" West 94.68 feet to the place 
of beginning. 

3 - Beginning for Parcel No. 3 at the point formed by the 
intersection of the southwest side of Bristol Avenue, 40 feet 
wide and the southeast side of a 14 foot alley, laid out North 
68^ -42 '-20" West 102.82 feet measured along the southwest side of 
said Bristol Avenue from the northwest side of Hanover Street, 70 
feet wide, and running thence binding on the southeast side of 
said 14 foot alley. South 22^ -53 '-10" West 76.71 feet to 
intersect the northeast side of Potee Street, 70 feet wide; 
thence binding on the northeast side of said Potee Street, North 
263 -31 '-30" West 18.44 feet to intersect the northwest side of 

373 



r 



y,. 



P 



Ord. No. 351 

said 14 foot alley; thence binding on the northwest side of said 
14 foot alley. North 22' -53 '-10" East 64.32 feet to intersect the 
southwest side of said Bristol Avenue, and thence binding on the 
southwest side of said Bristol Avenue, South 68'* -42 '-20" East 
14.01 feet to the place of beginning. 

4 - Beginning for Parcel No. 4 at the point formed by the 
intersection of the east* side of Potee Street, as now laid out 
varying in width and the northeast side of Bristol Avenue, 40 
feet wide, said point of beginning being distant North 68«*-42'- 
20" West 206.32 feet measured along the northeast side of said 
Bristol Avenue from the northwest side of Hanover Street, 70 feet 
wide, and running thence binding on the northeast side of said 
Bristol Avenue, North 68^ -42 '-20" West 25.09 feet to intersect 
the northeast side of Potee Street, as originally laid out 70 
C feet wide; thence binding on the northeast side of last said 

^ Potee Street, by a line curving to the right with a radius of 

441.68 feet the distance of 96.94 feet which arc is subtended by 
a chord bearing North 15*'-28'-16" West 96.75 feet to intersect 
the southwest side of an alley, 10 feet wide laid out 77.5 feet 
northeast of said Bristol Avenue; thence binding on the southwest 
side of said alley. South 68''-42'-20" East 32.97 feet to 
r intersect the east side of Potee Street mentioned firstly herein, 

and thence binding on the east side of Potee Street mentioned 
firstly herein. South 11^ -32 '-50" East 92.50 feet to the place of 
beginning. 

' The said streets and alley or portions thereof as directed 

- to be condemned being more particularly described and referred to 

^ among the Land Records of Baltimore City and delineated and 

particularly shown on a plat numbered 347-A-46A which was filed 
r^ in the Office of the Department of Public Works on the Second 

p.- r (2nd) day of November in the year 1988 and is now on file in said 

t^ ••;:' Office. 

7^ - -^ 

J? **':;;; SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 

jfj C«»^ or highways shall have been closed under the provisions of this 

^«^, Ordinance, all subsurface structures and appurtenances now owned 

f<1 , by the Mayor and City Council of Baltimore, shall be and continue 

f/5 to be the property of the Mayor and City Council of Baltimore, in 

fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council 
of Baltimore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every kind and 
nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 

374 



Ord. No. 352 

subsurface structures and appurtenances now owned by the Mayor 
and City Council of Baltimore, over which said buildings or 
structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures'* within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway -^ 

or highways shall have been closed under the provisions of this "^ 

ordinance, all subsurface structures and appurtenances owned by 1mm 

any person, firm or corporation, other than the Mayor and City ;* 

Council of Baltimore, shall upon notice from the Director of -- 

Public Works of Baltimore City, be promptly removed by and at the '1 

expense of the said owners. *J 

SEC. 5. AND BE IT FXmTHER ORDAINED, That on and after the Ji 

closing of said highway or highways, the said Mayor and City .1 

Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances used 
by it therein, for the purposes of inspection, maintenance, 
repair, alteration, relocation and/or replacement, of any or all 
of said structures and appurtenances, and this without permission 
from or compensation to the owner or owners of said land. ^, 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of ,, 

said Department of Public Works with reference to the «l 

condemnation and closing of said streets and alley or portions 2 

thereof and the proceedings and rights of all parties interested • 

or affected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the Code s» 

of Public Local Laws of Maryland and the Charter of Baltimore • 

City (1964 Revision, as amended) and any and all amendments J 

thereto, and any and all other Acts of the General Assembly of ' 

Maryland, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations in 
effect which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINAMCE NO. 352 

(Council Bill No. 516) 

375 






Ord. No. 353 

AN ORDINANCE concerning 

ZONING CODE - CRITICAL AREA OVERLAY DISTRICT 

FOR the purpose of revising the Critical Area Map of Baltimore 
City by changing a portion of the area adjoining Arundel 
Cove in Hawkins Point from a Resource Conservation Area to a 
Waterfront Industrial Area as outlined in red on the map 
accompanying this ordinance. 

BY authority of 
C Article - Natural Resources 

Section 8-1809 

Annotated Code of Maryland (1983 Replacement Volume and 1988 
Supplement) 



J> Article 30 - Zoning 

C Chapter 3C - Critical Area Overlay District 

f^ Baltimore City Code (1983 Replacement Volume, as amended) 

^ SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

/•• BALTIMORE, That the Critical Area Map of Baltimore City, which 

^ consists of a series of maps on file with and maintained by the 

Baltimore City Department of Planning, is hereby revised by 
changing a portion of the area adjoining Ar\indel Cove in Hawkins 
Point from a Resource Conservation Area to a Waterfront 
Industrial Area (Intensely Developed Area) as outlined in red on 
", the map accompanying this ordinance. This revision will use 

^ approximately 16 acres of Baltimore City's growth allocation 

< under the provisions of COMAR 14.15.02.06. 



SEC. 2. AND BE IT FURTHER ORDAINED, That revision authorized 
^ ^ by this Ordinance shall not tcOce effect until approved by the 

^' L. .- Chesapeake Bay Critical Area Commission and the Baltimore City 



n 



§ 






•'.!>, Planning Commissionc 

r;;^ SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 

shall teOce effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 353 
(Council Bill NO. 521) 
AN ORDINANCE concerning 

STREET ENCROACHMENT - 3501 THE ALAMEDA 



376 



Ord. No. 3 54 

FOR the purpose of authorizing the construction and maintenance 
of a fence in the public way. 

BY authority 

Article 32 - Building Code 

Section 507.8 

Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the construction and maintenance of a fence is 

hereby authorized around the property generally known as 3501 The — ^ 

Alameda and shown on the plat amended plat and drawina l "^ 

accompanying this Ordinance. Except as specifically provided in «U 

this ordinance, all ordinances and regulations of the Mayor and J^ 

City Council of Baltimore shall be complied with in the — 

construction and use of this fence. "1 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance -j 

shall take effect on the date of its enactment. J- 

Approved July 6, 1989 -^ 

KURT L. SCHMOKE, Mayor "* 



"> 

CITY OP BALTIMORE "I 

ORDINANCE NO. 354 

(Co\mcil Bill No. 665) 

AN ORDINANCE concerning • ; 

CITY PROPERTY - SALE 

FOR the purpose of authorizing the City Comptroller to dispose of • 

certain subsurface and/ or other interests, either in fee \ 

simple, by lease or easement as the case may be, of the ^ 

Mayor and City Council of Baltimore in and to all those 
parcels of land situate within the proposed right of way for 
Section C of the Metro extension to Johns Hopkins Hospital 
in the City of Baltimore, State of Maryland, said land 
• interests being no longer needed for exclusive City use but 
to be used for a public transportation purpose by the State. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to dispose of certain subsurface and/ or other 
interests, either in fee simple, by lease or easement as the case 
may be, of the Mayor and City Council of Baltimore in and to 

377 






(/> 



Ord. No. 355 

those parcels of land situate within the proposed right-of-way 
for Section C of the Metro extension to Johns Hopkins Hospital in 
the City of Baltimore, State of Maryland, said land interests 
being no longer needed for a exclusive City use, and being more 
particular described and depicted on the plats prepared for the 
Maryland Department of Transportation for Metro Section C and 
which have been or will be recorded amongst the Land Records of 
Baltimore City. 

All courses and distances in the descriptions on said plats 
are referred to the true meridian as adopted by the Baltimore 
Survey Control System. 



SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the seune shall have been 
^' approved by the City Solicitor. 

c 

r Approved July 6, 1989 

(' KURT L. SCHMOKE, Mayor 



SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



CITY OF BALTIMORE 
' ORDINANCE NO. 355 

^ (Council Bill NO. 666) 

AN ORDINANCE concerning 

^. f "' FINANCIAL DISTRICT URBAN RENEWAL PLAN - AMENDMENT NO. 6 

jO ^:::?'|I for the purpose of revising the Financial District Urban Renewal 

'rp ^''"^^ Plan by providing for the closing of Mercer Street between 

00Q O^' the west side of Calvert Street and the east side of Grant 

^if Street, by creating a new Development Area 7 from said 

rf\ , closed street for development and by revising Exhibits B, 

' ^ entitled "Development Areas," Exhibit C, entitled "Land Use" 

and Exhibit E entitled "Right of Way Adjustments" and by 
providing for an effective date for this Ordinance. 

BY authority of 
Article 13 
Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, An Urban Renewal Plan for the Financial District 
area was approved by the Mayor and City Council of Baltimore by 
Ordinance No. 373, approved June 28, 1977 and amended by 
Ordinance No. 343, approved June 19, 1981, by Ordinance No. 1017, 
approved July 6, 1983, by Ordinance No. 1027, approved October 
18, 1983, by Ordinance No. 500, approved July 2, 1985, and by 
Ordinance No. 1093, approved November 20, 1987; and 

378 



Ord. No. 3.55 



WHEREAS, Pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended) , no substantial change or 
changes shall be made in any renewal plan, after approval by 
ordinance, without such change or changes first being adopted and 
approved in the same manner as set forth in said Article 13 for 
the approval of an urban renewal plan, namely the preparation of 
such change or changes by the Department of Housing and Community 
Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adoption 
by an ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner set forth 
in said Article 13 ; and 



:?^ 



WHEREAS, Said Amendment No. 6 to the Urban Renewal Plan for j* 

the Financial District has been approved by the Director of the >« 

Department of Planning with respect to its conformity as to the ""1 

Master Plan, the detailed location of any public improvements *J 

proposed in the amended Renewal Plan, its conformity to the rules -j 

and regulations for subdivisions, and its conformity to existing .'* 

zoning districts; and said Amendment No. 6 to the Renewal Plan .| 

has been approved and recommended to the Mayor and City Council ^^ 
of Baltimore by the Commissioner of the Department of Housing and 
Community Development; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF *;| 
BALTIMORE, That the amended Urban Renewal Plan for the Financial 

District, identified as "Financial District Urban Renewal Plan", 4, 

revised to include Amendment No. 6, is hereby approved and the 5, 
Clerk of the City Council is hereby directed to file a copy of 

said amended Urban Renewal Plan with the Department of .^ 

Legislative Reference as a permanent public record and to make i 

the same available for public inspection and information. * 

SEC. 2. AND BE IT FURTHER ORDAINED, That the amendments and » 

changes having been reviewed and considered as part of the ■ 

aforesaid complete Amended Urban Renewal Plan, are fully set f 

forth, as follows: ' 

(1) On page 3 of the Plan, in Section B, at the end of 
paragraph 10 add a new sentence as follows: 

"To close the bed of Mercer Street between the west side of 
Calvert Street and the east side of Grant Street as needed for 
Urban Renewal purpose of development." 

(2) On page 9, of the Plan in Section F, in paragraph 2 
after the sub-paragraph entitled Development Area 6 and Area 6A 
(Air Rights) , add the following: 

" Development Area 7 

Development of commercial office space and ancillary 
retail facilities will be permitted on Development Area 7." 

379 



I 



Ord. No. 356 

(3) Delete Exhibits B, C, and E and insert in lieu thereof 
the new Exhibits B, C and E all as revised through May 22, 1989. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said eunended Renewal Plan approved hereby 
for the Financial District may not meet the requirements as to 
the content of a renewal plan or the procedure for the 
preparation, adoption, and approval of renewal plans, as provided 
in Article 13 of the Baltimore City Code (1983 Replacement 
Volume, as amended) , the said requirements are hereby waived and 
^' the amended Renewal Plan approved hereby is exempted therefrom. 

^.\ "y. SEC. 4. AND BE IT FURTHER ORDAINED, That in the event it be 

judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the 

C application thereof to any person or circumstances, is invalid, 

^ the remaining provisions and the application of such provisions 

to other persons or circumstances shall not be affected thereby, 
the Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part of the 

f application thereof so held invalid. 

SEC. 5. AND BE IT FURTHER ORDAINED, That in any case where a 
provision of this ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, 
plumbing, health, fire or safety ordinance or code or regulation, 
the applicable provisions concerned shall be construed so as to 
^ give effect to each; provided/ however, that if such provisions 

^ are found to be in irreconcilable conflict, the provision which 

establishes the higher standard for the promotion and protection 
r of the public health and safety shall prevail. In any case where 

p^' ( a provision of this ordinance is found to be in conflict with an 

tj^ -j:^ existing provision of any other ordinance or code or regulation 

y ^:^Ji in force in the City of Baltimore which establishes a lower 

jP i-^jl standard for the promotion and protection of the public health 

jjy C<»^ and safety, the provision of this ordinance shall prevail, and 

^00 the other existing provisions of such other ordinance or code or 

pl1 , regulation is hereby repealed to the extent that it may be found 

ef) in conflict with this ordinance. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 356 

(Council Bill Ho. 672) 



380 



Ord. No. 3 56 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 
613 E. 35TH STREET 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell 6ither at public or private sale all of 
the interest of the Mayor and City Council of Baltimore in 
and to a certain parcel of land and improvements located at 
613 E. 3 5th Street, Baltimore, Maryland, said parcel of land "•* 

and improvements being no longer needed for use. Tj 

«^ 

BY authority of j;5 

Article V - Comptroller -* 

Section 5(b) "1 

Baltimore City Charter (1964 Revision, as amended) 'J 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is j 

hereby authorized to sell at either public or private sale in ^^ 

accordance with Article V, Section 5(b) of the City Charter (1964 
Revision, as amended) , all of the interest of the Mayor and City ^ 

Council of Baltimore in and to a certain parcel of land located .^ 

at 613 E. 35th Street, Baltimore, Maryland and described as "I 

follows: 

SI 

Beginning for the same at the point formed by the si 

intersection of the south side of 35th Street, 60 feet wide, and •> 

the first line of the parcel of land conveyed by Anne C. Evans t 

and Alexander C. Short, substitute Trustees to the Trustees for - 

the Loan and Guarantee Program of Baltimore City by deed dated ■ 

June 28, 1985 and recorded among the Land Records of Baltimore 
City in Liber S.E.B. No. 579, Folio 82 and described in Exhibit ' 

"A" of said deed, said point of beginning being distant 219 feet, J 

more or less, easterly, measured along the south side of said l 

35th Street from the east side of Old York Road and running 
thence binding on the south side of said 35th Street," Easterly 
18.75 feet, more or less, to intersect the third line of the 
parcel of land described in Exhibit "A" of said deed; thence 
binding on part of the third line of the parcel of land described 
in Exhibit "A" of said deed, to the end thereof. Southerly 120 
feet, more or less, and thence binding on the fourth line and on 
part of the first line of the parcel of land described in Exhibit 
"A" of said deed the two following courses and distances; namely. 
Westerly 18.75 feet, more or less, and Northerly 120 feet, more 
or less, to the place of beginning. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

381 



^■\ /.: 



Ord. No. 357 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

Kurt L. Schmoke, Mayor 



CITY OF BALTIMORE 
ORDINANCE MO. 357 



y^ '^; (Council Bill No. 682) 



AN ORDINANCE concerning 



L CITY PROPERTY - SALE 

^ A PORTION OF EUTAW STREET 

f FOR the purpose of authorizing the Mayor and City Council of 

! Baltimore to sell either at public or private sale all of 

the interest of the Mayor and City Council of Baltimore in 
and to a 6.33 foot wide portion of Eutaw Street, 82.5 feet 
wide contiguous to the west side thereof in the vicinity of 
Lomljard Street. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
r^' f hereby authorized to sell at either public or private sale in 

Jil *P' accordance with Article V, Section 5(b) of the City Charter (1964 

/^ -i^JI Revision, as amended) , all of the interest of the Mayor and City 

'P ^"^j Council of Baltimore in and to a 6.33 foot wide portion of Eutaw 

jO ^^ street, 82.5 feet wide contiguous to the west side thereof in the 

■jj vicinity of Lombard Street, in the City of Baltimore, and 

t^ I described as follows: 

(/> 

Beginning for the same at a point on the west side of Eutaw 
Street, 82.5 feet wide, distant South 02^ -54 '-10" East 145.50 
feet measured along the west side of said Eutaw Street from the 
south side of Lombard Street, 66 feet wide, and at a horizontal 
plane having an elevation of 62.33 feet and ascending to a 
maximum elevation of 84.83 feet and running thence by a straight 
line. North 87° -05 '-50" East 6.33 feet to intersect a line drawn 
parallel with and distant 6.34 feet easterly, measured at right 
angles from the west side of said Eutaw Street; thence binding on 
said line so drawn. South 02^ -54 '-10" East 24.00 feet; thence by 
another straight line. South 87<'-05'-50" West 6.33 feet to 
intersect the west side of said Eutaw Street and thence binding 
on the west side of said Eutaw Street, North 02^ -54 '-10" West 
24.00 feet to the place of beginning. 

382 



Ord. No. 358 



Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith uhtil the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 358 1 

(Coxincil Bill No. 309) ;) 

AN ORDINANCE concerning | 

ZONING - PLANNED UNIT DEVELOPMENT 
GOOD SAMARITAN HOSPITAL 

FOR the purpose of approving the application of G. S. Properties, I 

Inc. , to have the property located east of Loch Raven 

Boulevard and South of Belvedere Avenue, consisting of 40 zt 

acres more or less, as shown on the plat accompanying this -» 

ordinance, designated a Planned Unit Development in 
accordance with Sections 12.0-1 and 12.0-2 of Article 30 of 
the Baltimore City Code (1983 Replacement Volume, as 

amended) and to approve the development plan submitted by G. ^ 

S. Properties. 



WHEREAS, On the 24th day of June, 1988, representatives of 
G.S. Properties, Inc., met with the Director of the Department 
of Planning of Baltimore City, the designated officer of the 
Planning Commission of Baltimore City, to hold a Pre-Petition 
Conference to explain the scope and nature of the proposed 
development on the property in order to institute proceedings to 
have such property designated a Planned Unit Development; and 

WHEREAS, G. S. Propert-ieg, Inc., has made formal application 
to the City Council of Baltimore and submitted the requisite 
Development Plan intended to satisfy the requirements specified 
in Sections 12.0-1 and 12.0-2 of Article 30 of the Baltimore City 
Code (1983 Replacement Volume, as amended); and 

WHEREAS, G.' S. Properties, Inc., in requesting the 
introduction of this bill, signifies its intention to implement, 
execute, substantially complete and maintain the development of 
the property in accordance with the Development Plan; now, 
therefore. 



383 



Ord. No. 358 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of G. S. Properties, Inc., owner 
of certain property located in Baltimore City bounded on the 
north by Loch Raven Boulevard on the west, by Belvedere Avenue on 
the north, and by Hillen Road on the east, and by Woodbourne 
Avenue on the south, as outlined on Developncnt Plan 1, — "PUD 
Plan", dated June 22. IQOO. G. S. Properties'. INc. Planned Unit 
Development "Context Map", dated April 18. 1989 , which 
accompanies this ordinance, to designate such property as a 
Planned Unit Development pursuant to Article 30, Sections 12.0-1 
f^' and 12.0-2 of the Baltimore City Code (1983 Replacement Volume, 

JP^ 'i^; as amended) , be and it is hereby approved. 

^ ^i 

SEC. 2. AND BE IT FURTHER ORDAINED, That the development 
^, plan submitted by G. S. Properties, Inc., including the 

^. i following: PUD Plan, Good CaaQgitan Hospital Planned Unit 

C* Development and Good SaiBQgitQn Hoopital, — Phyoieiana Office 

f ^ .• Building II Planned Unit DcvGlopMcnt, G. S. Properties. Inc. 

f^ Planned Unit Development "PUD Plan", and G. S. Properties. Inc. 

Planned Unit Development "Site Plan and Elevations." dated April 
18. 1989 . attached hereto and made a part hereof, be and it is 
; hereby approved. 

SEC. 3. AND BE IT FXH^THER ORDAINED. That the Proposed 
construction indicated on the PUD Plan will be further reviewed 
as follow s: (1) t he plans for the daycare ce nter wil l be reviewed 
bv the staff of the Planning Department: and (2) the plans for 
the hospi tal expansion and concourse will require design approval 
of the Planning Commission. 

^ ^^ y* SEC. 4. AND BE IT FURTHER ORDAINED. That future development 

U*» " JJ of this site is anticipated and may include additional medical 

CC C.-a, facilities. Any such future development wil l be a maior 

r'^ amendment to this Development Plan and shall be reviewed pursuant 

.2,! to applicable reguirements. 






SEC. 3- 5. AND BE IT FURTHER ORDAINED, That subsequent to the 
passage of this ordinance by the City Council, all changes in the 
approved development plan for the development of the property 
shall be reviewed and approved by the Planning Commission to 
ensure such changes are consistent with this ordinance. 

SEC. 4 6. AND BE IT FURTHER ORDAINED, That subsequent to the 
passage of this ordinance by the City Council, all plans for the 
construction of improvements upon the property shall be reviewed 
and approved by the Planning Commission to ensure that such plans 
are consistent with the development plan and this ordinance. 

SEC. ■& 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the Development Plan which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the City 
Council shall sign the Development Plan, and when the Mayor 

384 



Ord. No. 359 



approves the ordinance^ he shall sign the Development Plan. The 
Director of Finance shall then transmit a copy of the ordinance 
and the Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Supervisor of Assessments 
for Baltimore City and the Zoning Administrator. 

SEC. ■& 8. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day Qftog the date of its 
enactment . 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



1 

ORDINANCE NO. 359 ^^ 

(Council Bill No. 417) 

AN ORDINANCE concerning 

REZONING - 1527-1537 GORSUCH AVENUE ^ 

FOR the purpose of changing the zoning for the properties known ^ 
as 1527-1537 Gorsuch Avenue from the R-6 Zoning District to 

the R-7 Zoning District, as outlined in red on the plats si 

accompanying this ordinance. s' 

BY amending Zoning District Maps ,^t 

Sheet No. 37 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF \ 

BALTIMORE, That Sheet No. 37 of the Zoning District Maps of I 

Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by 
changing from the R-6 Zoning District to the R-7 Zoning District, 
the properties known as 1527-1537 Gorsuch Avenue, as outlined in 
red on the plats accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

385 



rA. 



Ord. No. 360 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 360 



C 

^ *^^i (Council Bill No. 540) 



CITY STREET - OPENING A 10 FOOT ALLEY IN THE 
PARK HEIGHTS URBAN RENEWAL PROJECT. 



AN ORDINANCE concerning 

i 

r FOR the purpose of condemning and opening a 10 foot alley laid 

out in the rear of the properties known as No. 2701 through 2707 
Keyworth Avenue and lying within the Park Heights Urban Renewal 

' Project in accordance with a plat thereof numbered 334-A-12J 

prepared by the Surveys and Records Division and filed in the 
Office of the Department of Pxiblic Works, on the Twenty-eighth 
(28th) day of February, 1989. 

BY authority of 
^ Article I - General Provisions 

'' ^ Section 4 

', \\ Article II - General Powers 

^ ^ ■ Sections 2, 34, 35 

^- f "' Baltimore City Charter (1964 Revision, as amended) 

<) ^^^^ SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

^7 ^'^\\ BALTIMORE, That the Department of Public Works be, and it is 

Cq C<^ hereby authorized and directed to condemn and open a 10 foot 

^ alley laid out in the rear of the properties known as No. 2701 

rii . through 2707 Keyworth Avenue and lying within the Park Heights 

\p Urban Renewal Project the alley hereby directed to be condemned 

^ for said opening described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the southwest side of a 20 foot alley, laid out 
in the rear of the properties known as No. 3800 through 3833 Park 
Heights Avenue and the northwest side of a 10 foot alley, laid 
out in the rear of the properties known as No. 2701 through 2707 
Keyworth Avenue said point of beginning being distant 110 feet 
southeasterly, measured along the southwest side of. said 20 foot 
alley from the southeast side of Keyworth Avenue, 66 feet wide 
and running thence binding on the southwest side of said 20 foot 
alley. Southeasterly 10 feet to the southeast side of said 10 
foot alley; thence binding on the southeast side of said 10 foot 
alley. Southwesterly 84 feet to intersect the northeast side of 

386 



Ord. No. 361 

nother 10 foot alley laid out in the rear of the properties known 
as No. 3821 through 3841 Reisterstown Road; thence binding on the 
northeast side of last said 10 foot alley. Northwesterly 10 feet 
to the northwest side of the 10 foot alley mentioned firstly 
herein, and thence binding on the northwest side of the 10 foot 
alley mentioned firstly herein. Northeasterly 84 feet to the 
place of beginning. 

The said 10 foot alley as directed to be condemned being 
more particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly shown 
on a plat numbered 334-A-12J which was filed in the Office of the 
Department of Public Works on the Twenty-eighth (28th) day of 
February in the year 1989 and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of '"I 

said Department of Public Works, with reference to the '^j 

condemnation and opening of said 10 foot alley and the ;^ 

proceedings and rights of all parties interested or affected « 

thereby, shall be regulated by, and be in accordance with, any j 

and all applicable provisions of Article 4 of the Code of Public ^ 

Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any ^ 

and all ordinances of the Mayor and City Council of Baltimore, I 

and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 361 

(Council Bill NO. 541) 

AN ORDINANCE concerning 

CITY STREET - CLOSING A 10 FOOT ALLEY IN THE 
PARK HEIGHTS URBAN RENEWAL PROJECT. 

FOR the purpose of condemning and closing a 10 foot alley laid 

out in the rear of the properties known as No. 2701 through 
2707 Keyworth Avenue and lying within the Park Heights Urban 
Renewal Project in accordance with a plat thereof numbered 
334-A-12K prepared by the Surveys and Records Division and 
filed in the Office of the Department of Public Works, on 
the Twenty-eighth (28th) day of February, 1989. 

387 



Ord. No. 361 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and close a 10 foot . 
alley laid out in the rear of the properties known as No. 2701 
through 2707 Keyworth Avenue and lying within the Park Heights 
^..\ ',,'■' Urban Renewal Project the alley hereby directed to be condemned 

for said closing being described as follows: 



r< -: 



C Beginning for Parcel No. 1 at the point formed by the 

(^ intersection of the southwest side of a 20 foot alley, laid out 

^- in the rear of the properties known as No. 3800 through 383 3 Park 

Heights Avenue and the northwest side of a 10 foot alley, laid 
' out in the rear of the properties known as No. 2701 through 2707 

Keyworth Avenue said point of beginning being distant 110 feet 
southeasterly, measured along the southwest side of said 20 foot 
alley from the southeast side of Keyworth Avenue, 66 feet wide 
and running thence binding on the southwest side of said 20 foot 
alley. Southeasterly 10 feet to the southeast side of said 10 
foot alley; thence binding on the southeast side of said 10 foot 
alley. Southwesterly 84 feet to intersect the northeast side of 
another 10 foot alley laid out in the rear of the properties 
known as No. 3821 through 3841 Reisterstown Road; thence binding 
on the northeast side of last said 10 foot alley. Northwesterly 
10 feet to the northwest side of the 10 foot alley mentioned 
r^ „. firstly herein, and thence binding on the northwest side of the 

p- r .. ^0 foot alley mentioned firstly herein. Northeasterly 84 feet to 

•^ "J"'^*' the place of beginning. 

^ i.'^f The said 10 foot alley as directed to be condemned being 

^ C<^ more particularly described and referred to among the Land 

■-^ Records of Baltimore City and delineated and particularly shown 

f^ . on a plat numbered 334-A-12K which was filed in the Office of the 

(/) Department of Public Works on the Twenty-eighth (28th) day of 

February in the year 1989 and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned 
by the Mayor and City Council of Baltimore, shall be and continue 
to be the property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council 
of Baltimore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every kind and 

388 



Ord. No. 361 

nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor 
and City Council of Baltimore, over which said buildings or 
structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 'H 

1 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway J 

or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by 
any person, firm or corporation, other than the Mayor and City 
Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at the 
expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and City 
Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances used 
by it therein, for the purposes of inspection, maintenance, 
repair, alteration, relocation and/or replacement, of any or all 
of said structures and appurtenances, and this without permission 
from or compensation to the owner or owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works with reference to the 
condemnation and closing of said 10 foot alley and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any 
and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 

389 



Ord. No. 362 



CITY OF BALTIMORE 



r^^}- 

^'1 ^"s- 



c 
c 

( 



OROIMAMCB NO. 362 
(Council Bill Mo. 544) 

AN ORDINANCE concerning 

PROCUREMENT - VENDORS 

FOR the purpose of increasing the threshold for contracts of 
vendors who qualify for the self-insurance prograun for 
commodity, service and construction contracts. 

BY repealing and reordaining with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 
Subtitle - Self -Insurance Program for Commodity, Service and 

Construction Contracts 
Sections 201(a) and 202(a) 
Baltimore City Code (1983 Replacement Volume, as aunended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or euaended, 
to read as follows: 






ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

Self -Insurance Program for Commodity, Service 
and Construction Contracts 

201. Definitions. 

(a) The term "Self -Insurance Program for Commodity, Service, 
and Construction Contracts" (Self -Insurance Program) as used 
herein shall mean the self-insurance program of the City as 
provided in this subtitle for the payment of monetary claims 
arising from any loss, damage or expense which the Mayor and City 
Council of Baltimore may sustain by reason of the failure of a 
service, commodity or construction contractor to comply with the 
terms of any contract not exceeding [$100,000] $200,000 which 
said contractor has entered into with the Mayor and City Council 
of Baltimore. 



202. Coverage; annual appropriations; payment of claims for 
commodity, service, and construction contracts. 

(a) The Mayor and City Council of Baltimore shall implement 
a Self -Insurance Program for Commodity, Service, and Construction 
Contracts for the reimbursement of any losses the City sustains 
through the default of a commodity, service, or construction 
contractor under a contract not exceeding [$100,000] $200,000. 



390 



Ord. No. 363 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 363 

(Council Bill No. 570) '1 

AN ORDINANCE concerning ^ 

1 
REPEAL OF RESERVED PARKING ORDINANCE ^ 

FOR the purpose of repealing Ordinance No. 687H, approved June 

20, 1986, which provided for reserved handicap parking on I 

the east side of Conkling Street for William Isaac, Jr. ^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

BALTIMORE, That Ordinance No. 687H, approved June 20, 1986, is > 

hereby repealed and the authorization for reserved handicap | 
parking on the east side of Conkling Street from 45' north of 

Lombard Street to 67' north of Lombard Street, is hereby , 

rescinded. , 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 364 

(Coiincil Bill NO. 573) 

AN ORDINANCE concerning 

A RELEASE AND SURRENDER OF A PORTION OF A 
UTILITY EASEMENT ACROCG NEAR WOODLAWN DRIVE 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to release and surrender all of its interest in 
and to a portion of a utility easement acpoas near Woodlawn 
Drive heretofore granted to the Mayor and City Council of 
Baltimore by Baltimore County and to ratify and approve an 
agreement between the Mayor and City Council of Baltimore 
City affecting construction across such utility easement. 

391 



Ord. No. 365 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to execute and deliver unto Baltimore County a 
release and surrender of all of the interest of the City of 
Baltimore in and to a portion of the land within the utility 
easement described as follows: 



c ■ ' 

c 



Beginning for the same at the point of curvature of the 
Southeastern right-of-way of Clarke Avenue (now known as Woodlawn 
Drive), said point being 35 feet right of center line P.C. 
Station 58 + 70.49 as shown on Baltimore County Bureau of Land 
Acquisition Drawing No. RW61-195-9A, thence binding on said 
Southeastern right-of-way line in a Northeasterly direction on a 
curve to the right having a radius of 665 feet for a distance of 
19.95 feet said arc being subtended by a chord having a bearing 
of North 50 -18 '-13" East for a distance of 19.97 feet, thence 
leaving said right-of-way line South 87*»-09'-50" east 265.37 
feet, to a point, thence South 47«'-49'-20" West 35.35 feet to a 
point, thence North 87«'-09'-50" West 267.26 feet to the 
Southeastern right-of-way line of said Clarke Avenue, thence 
binding on said right-of-way line North 49«-26'-35" East 16.74 
feet to the place of beginning. 



SEC. 2. AND BE IT FURTHER ORDAINED, That the exclusive use 
of a portion of said easement is no longer needed for public use 
by the Mayor and City Council of Baltimore. 




SEC. 3. AND BE IT FURTHER ORDAINED, That the Agreement dated 
March 8, 1989, by and between the Mayor and City Council of 
Baltimore and Baltimore County, granting unto the latter a right- 
of - way to conotruGt, — opcgatc, — and maintain the Woodlawn rolicc 
CtQtion upon the City '3 utility GaBcncnt, ao dGocpibcd hcgcin 
above , — i3 hereby patificd and approved. 

of entry for the purpose of constructing a police station in the 
area of said utility easement, is hereby ratified and approved. 

SEC. 4. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have first 
been approved by the City Solicitor. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



Approved July 6, 1989 



KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE NO. 365 

(Council Bill No. 609) 



392 



Ord. No. 365 

AN ORDINANCE concerning 

CITY STREET - OPENING EUTAW STREET 

FOR the purpose of condemning and opening Eutaw Street, 82.5 feet 
wide, and extending from Lombard Street South 02«»-54'-10" 
East 399.8 feet, more or less, to Pratt Street in accordance 
with a plat thereof numbered 305-B-8 prepared by the Surveys 
and Records Division and filed in the Office of the 
Department of Public Works, on the Fifth (5th) day of April, 
1989. — 

BY authority of ^ 

Article I - General Provisions 5 

Section 4 -^ 

Article II - General Powers '% 

Sections 2, 34, 35 ^^ 

Baltimore City Charter (1964 Revision, as amended) ^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF \ 

BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and open Eutaw Street, 
82.5 feet wide, and extending from Lombard Street South 02*»-54'- 
10" East 399.8 feet, more or less, to Pratt Street the street > 

hereby directed to be condemned for said opening described as \ 

follows: 

I 

Beginning for the same at the point formed by the 
intersection of the west side of Eutaw Street, 82.5 feet wide, 
and the south side of Lombard Street, 66 feet wide, and running 
thence binding on the south side of said Lombard Street, North 
87*'-00'-49" East 82.50 feet to intersect the east side of said 
Eutaw Street; thence binding on the east side of said Eutaw 
Street, South 02»-54'-10" East 399.86 feet to intersect the north 
side of Pratt Street, 56 feet wide; thence binding on the north 
side of said Pratt Street, South 87«'-08'-50" West 82.50 feet to 
intersect the west side of said Eutaw Street and thence binding 
on the west side of said Eutaw Street, North 02**-54'-10" West 
399.66 feet to the place of beginning. 

All courses and distances in the above description are 
referred to the true meridian as adopted by the Baltimore Survey 
Control System. 

The said Eutaw Street as directed to be condemned being more 
particularly described and referred to among the Land Records of 
Baltimore City and delineated and particularly shown on a plat 
numbered 305-B-8 which was filed in the Office of the Department 
of Public Works on the Fifth (5th) day of April in the year 1989 
and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works, with reference to the 
condemnation and opening of said Eutaw Street and the proceedings 
and rights of all parties interested or affected thereby, shall 

393 






0^ 



Ord. No. 366 



be regulated by, and be in accordance with, any and all 
applicable provisions of Article 4 of the Code of Public Local 
Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



C 

^ CITY OF BALTIMORE 

C ORDINANCE NO. 366 

( (Council Bill NO. 610) 

AN ORDINANCE concerning 

CITY STREET - CLOSING A PORTION OF EUTAW STREET 

-51 > FOR the purpose of condemning and closing a 6.33 foot wide 

'" ■•^. i portion of Eutaw Street, 82.5 feet wide, contiguous to the 

'' , "ii I west side thereof in the vicinity of Lombard Street in 

^ ^^ accordance with a plat thereof numbered 305-B-8A prepared by 

^ ^- ""- the Surveys and Records Division and filed in the Office of 

JTT ^ ""* the Department of Public Works, on the Fifth (5th) day of 

C^ 'f^p April, 1989. 



BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and close a 6.33 foot 
wide portion of Eutaw Street, 82.5 feet wide, contiguous to the 
west side thereof in the vicinity of Lombard Street the portion 
of street hereby directed to be condemned for said closing being 
described as follows: 

Beginning for the same at a point on the west side of Eutaw 
Street, 82.5 feet wide, distant South 02»-54'-10" East 145.50 
feet measured along the west side of said Eutaw Street from the 
south side of Lombard Street, 66 feet wide, and at a horizontal 

394 



Ord. No. 366 

plane having an elevation of 62.3 3 feet and ascending to a 
maximum elevation of 84.83 feet and running thence by a straight 
line. North 87 "-05 '-50" East 6.33 feet to intersect a line drawn 
parallel with and distant 6.3 3 feet easterly, measured at right 
angles from the west side of said Eutaw Street; thence binding on 
said line so drawn, South 02'*-54'-10" East 24.00 feet; thence by 
another straight line. South 87«»-05'-50" West 6.3 3 feet to 
intersect the west side "of said Eutaw Street and thence binding 
on the west side of said Eutaw Street, North 02 "-54 '-10" West 
24.00 feet to the place of beginning. 

All courses and distances in the above description are J 

referred to the true meridian as adopted by the Baltimore Survey 
Control System. All elevations in the above description are Z 

referred to mean low tide as adopted by the Baltimore Survey ^ 

Control System. 

The said portion of Eutaw Street as directed to be condemned 
being delineated and particularly shown on a plat numbered 3 05-B- 
8A which was filed in the Office of the Department of Public j 

Works on the Fifth (5th) day of April, in the year 1989 and is 
now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway ^ 

or highways shall have been closed under the provisions of this I 

Ordinance, all subsurface structures and appurtenances now owned 
by the Mayor and City Council of Baltimore, shall be and continue 
to be the property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event. that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council 
of Baltimore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every kind and 
nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor 
and City Council of Baltimore, over which said buildings or 
structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 

395 



c 



Ord. No. 367 

ordinance, all subsurface structures and appurtenances owned by 
any person, firm or corporation, other than the Mayor and City 
Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at the 
expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and City 
Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said 
property and to all sujbsurface structures and appurtenances used 
'T^ '^^ by it therein, for the purposes of inspection, maintenance, 

^*\ ^.-{i repair, alteration, relocation and/or replacement, of any or all 

of said structures and appurtenances, and this without permission 
from or compensation to the owner or owners of said land. 

^ SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 

said Department of Public Works with reference to the 
condemnation and closing of said portion of Eutaw Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any 
C and all applicable provisions of Article 4 of the Code of Public 

Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
;i 11 and any and all rules or regulations in effect which have been 

« adopted by the Director of Public Works and filed with the 

^ Department of Legislative Reference. 

' \i SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 

I -^ 2 shall take effect on the date of its enactment. 

^. r 

C^ '"\-:>^ Approved July 6, 1989 

^ ^:5J; KURT L. SCHMOKE, Mayor 



^ 



3? ** ::; 



CITY OF BALTIMORE 

ORDINANCE NO. 367 

(Coxincil Bill NO. 633) 

AN ORDINANCE concerning 

UTILITY EASEMENT IN ANNE ARUNDEL COUNTY 

FOR the purpose of granting unto Anne Arundel County an easement 
for utilities in and through the road abutting property 
situated in Anne Arundel County and owned by the Mayor and 
City Council of Baltimore. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and City Council of Baltimore be and it 

396 



Ord. No. 367 

is hereby authorized to grant and to convey to Anne Arundel 
County, Maryland, its successors and assigns, the right to lay, 
construct, and maintain public utilities and their appurtenances 
in and through the road abutting prbperty owned by the Mayor and 
City Council of Baltimore. Said property is situated in the 
Fifth Assessment District of Anne Arundel County, Maryland and is 
described as follows: 

Beginning for the same at a point on the boundary line 
between Anne Arundel County and Baltimore City at the distance of 
142.72 feet measured southeasterly from City Boundary Stone No. 
9707 and running thence binding on the southeast side of a 10 

foot alley as shown on Plat B of Roland Terrace and filed among !i 

the Land Records of Anne Arundel County in Plat Book 2, Folio 21, ,■; 

(1) South 61 degrees 31 minutes West 550.83 feet to the northeast 
side of another 10 foot alley shown on said plat thence with the 
outline of said Plat B and to include certain lots thereon (2) 
South 35 degrees 14 minutes East 98.57 feet to Lot No. 36, 
Section 31, (3) binding on Lot 36 South 61 degrees 31 minutes 

West 122.46 feet to Fairfax Avenue (4) on Fairfax Avenue South 40 j 

degrees 16 minutes East 50.00 feet to Lot 37 (5) binding on Lot •' 

37 North 61 degrees 31 minutes East 118.05 feet (6) South 35 * 

degrees 14 minutes East 197.15 feet to Lot 46 (7) binding on Lot 
46 South 61 degrees 31 minutes West 100.38 feet to Fairfax Avenue > 

binding on Fairfax Avenue (8) South 40 degrees 16 minutes East | 

49.90 feet and (9) by a line curving to the right with a radius 
of 45.9 feet the distance of 83.14 feet to Lot 49 (10) binding on 
Lot 49 South 26 degrees 38 minutes 155.21 feet (11) South 80 
degrees 28 minutes West 270.52 feet to Lot 57 (12) binding on Lot 
57 North 9 degrees 32 minutes West 81.01 feet to Fairfax Avenue 
(13) binding on Fairfax Avenue by a line curving to the right 
with a radius of 73.62 feet the distance of 35.21 feet and (14) 
North 76 degrees 55 minutes West 43.90 feet to Lot 60 (15) 
binding on Lot 60 South 9 degrees 32 minutes East 103.29 feet 
(16) South 80 degrees 28 minutes West 341.85 feet (17) South 50 
degrees 59 minutes West 713.87 feet to Lot No. 37, Section 32, 
(18) binding on Lot 37 North 39 degrees 01 minute West 144.27 
feet to Fairfax Avenue binding on Fairfax Avenue (19) South 3 3 
degrees 35 minutes West 14.28 feet and (20) South 50 degrees 59 
minutes West 36.37 feet to Lot 35 (21) binding on Lot 35 South 39 
degrees 01 minute East 140.00 feet (22) South 50 degrees 59 
minutes West 275.00 feet to Lot 24 (23) binding on Lot 24 North 
39 degrees 01 minute West 140.00 feet to Fairfax Avenue (24) 
binding on Fairfax Avenue South 50 degrees 59 minutes West 50.00 
feet to Lot 22 (25) binding on Lot 22 South 39 degrees 01 minute 
East 140.00 feet (26) South 50 degrees 59 minutes West 33.13 feet 
and (27) South 61 degrees 59 minutes West 661.00 feet thence 
leaving the outline of Roland Terrace (28) South 11 degrees 21 
minutes East 34.75 feet (29) South 29 degrees 21 minues East 
23.00 feet (30) South 86 degrees 38 minutes East 1602.15 feet to 
interact the northwest side of a 66 foot right of way granted to 
Sinclair Refining Corporation and recorded in Baltimore City in 
Liber M.L.P. No. 6335, Folio 216, thence binding on the northwest 
side of said right of way (31) North 23 degrees 22 minutes 4 5 

397 



Ord. No. 368 



seconds East 1612.74 feet and (32) by a line curving to the right 
with a radius of 1670.28 feet the distance of 597.06 feet and 
chord bearing North 33 degrees 37 minutes 11 seconds East 593.89 
feet to intersect the aforesaid boundary line between Anne 
Arundel County and Baltimore City thence binding on said boundary 
line (33) North 39 degrees 35 minutes 55 seconds West 422.19 feet 
to the place of beginning. Containing 51.360 acres of land, more 
or less. 






c 
c 
r 
r 
r 



SEC. 2. AND. BE IT FURTHER ORDAINED, That the exclusive use 
of said property is no longer needed for public use by the Mayor 
and City Council of Baltimore. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have first 
been approved by the City Solicitor. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 



Approved July 6, 1989 



KURT L. SCHMOKE, Mayor 



llli 



CITY OF BALTIMORE 






ORDINANCE NO. 368 

(Council Bill No. 653) 

AN ORDINANCE concerning 

CITY STREET - OPENING MERCER STREET 

FOR the purpose of condemning and opening Mercer Street, 

extending from Calvert Street, Westerly to Grant Street and 
lying within the Financial District Urban Renewal Project in 
accordance with a plat thereof numbered 346-A-18, prepared 
by the Surveys and Records Division and filed in the Office 
of the Department of Public Works, on the Thirtieth (30th) 
day of November, 1988. 



BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and open Mercer Street, 
extending from Calvert Street, Westerly to Grant Street and lying 
within the Financial District Urban Renewal Project the street 



398 



Ord. No. 369 



hereby directed to be condemned for said opening described as 
follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the north side of Mercer Street, 3 3 feet wide, 
and the west side of Calvert Street, 74 feet wide, and running 
thence binding on the west side of said Calvert Street, Southerly 
33 feet to intersect the south side of said Mercer Street; thence 
binding on the south side of said Mercer Street, Westerly 157 
feet, more or less, to intersect the east side of Grant Street, 
as now laid out; thence binding on the east side of said Grant 
Street, Northerly 3 3 feet to intersect the north side of said 
Mercer Street and thence binding on the north side of said Mercer 
Street, Easterly 157 feet, more or less, to the place of 
beginning. 

The said Mercer Street as directed to be condemned being 
more particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly shown 
on a plat numbered 346-A-18 which was filed in the Office of the 
Department of Public Works on the Thirtieth (30th) day of 
November in the year 1988 and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works, with reference to the 
condemnation and opening of said Mercer Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any 
and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Refer-ence. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 
ORDINANCE NO. 369 
(Council Bill No. 654) 
AN ORDINANCE concerning 

CITY STREET - CLOSING MERCER STREET 



399 



C- 



r 



2r- 



Ord. No. 369 



FOR the purpose of condemning and closing Mercer Street, 

extending from Calvert Street, Westerly to Grant Street and 
lying within the Financial District Urban Renewal Project in 
accordance with a plat thereof numbered 34 6-A-18A prepared 
by the Surveys and Records Division and filed in the Office 
of the Department of Public Works, on the Thirtieth (30th) 
day of November, 1988. 

BY authority of 

Article I - General Provisions 
Section 4 



"J^ ^^ .' Article. II - General Powers 

>.•^ ^iS^^' Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

C SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

C BALTIMORE, That the Department of Public Works be, and it is 

r* hereby authorized and directed to condemn and close Mercer 

r" Street, extending from Calvert Street, Westerly to Grant Street 

L" and lying within the Financial District Urban Renewal Project the 

y street hereby directed to be condemned for said closing being 

V described as follows: 

f 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the north side of Mercer Street, 3 3 feet wide, 
and the west side of Calvert Street, 74 feet wide, and running 
thence binding on the west side of said Calvert Street, Southerly 
3 3 feet to intersect the south side of said Mercer Street; thence 
binding on the south side of said Mercer Street, Westerly 157 
feet, more or less, to intersect the east side of Grant Street, 
as now laid out; thence binding on the east side of said Grant 
Street, Northerly 3 3 feet to intersect the north side of said 
p^ f ^ Mercer Street and thence binding on the north side of said Mercer 

•L- ^i^' Street, Easterly 157 feet, more or less, to the place of 

7^ •':^J beginning. 



*CJ C*^ The said Mercer Street as directed to be condemned being 

••*' more particularly described and referred to among the Land 

r^ - Records of Baltimore City and delineated and particularly shown 

f/7 on a plat numbered 34 6-A-18A which was filed in the Office of the 

Department of Public Works on the Thirtieth (30th) day of 
November in the year 1988 and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned 
by the Mayor and City Council of Baltimore, shall be and continue 
to be the property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council 
of Baltimore, and shall in the application for such permission 

400 



Ord. Mo. 369 



and permits agree to pay all costs and charges of every kind and 
nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor 
and City Council of Baltimore, over which said buildings or 
structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by 
any person, firm or corporation, other than the Mayor and City 
Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at the 
expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and City 
Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances used 
by it therein, for the purposes of inspection, maintenance, 
repair, alteration, relocation and/or replacement, of any or all 
of said structures and appurtenances, and this without permission 
from or compensation to the owner or owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works with reference to the 
condemnation and closing of said Mercer Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any 
and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 



401 






P 



a 






Ord. No. 370 



Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OP BALTIMORE 

ORDINANCE HO. 370 

(Council Bill HO. 655) 

AN ORDINANCE concerning 



\ ;.<> . CITY STREET - OPENING A PORTION OF SPRING STREET AND CERTAIN 

.^"'^ , ALLEYS OR PORTIONS THEREOF BOUNDED BY HARFORD AVENUE, NORTH 

>^\ AVENUE, CAROLINE STREET AND LAFAYETTE AVENUE 

z' FOR the purpose of condemning and opening a portion of Spring 

Street and certain alleys or portions thereof bounded by 
Harford Avenue, North Avenue, Caroline Street and Lafayette 
-^ Avenue in accordance with a plat thereof numbered 346-A-26 

f7 prepared by the Surveys and Records Division and filed in 

( the Office of the Department of Public Works, on the 

Sixteenth (16th) day of May, 1989. 

BY authority of 

Article I - General Provisions 
Section 4 

Article II - General Powers 
i- ,-> Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 



hereby authorized and directed to condemn and open a portion of 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 



^ ^;?J Spring Street and certain alleys or portions thereof bounded by 

^ <*;^J Harford Avenue, North Avenue, Caroline Street and Lafayette 

^ C«^ Avenue; the street and alleys or portions thereof hereby directed 

^00 to be condemned for said opening described as follows: 

f/) Beginning for Parcel No. 1 at the point formed by the 

^ intersection of the north side of Lafayette Avenue, 66 feet wide 

and the east side of Spring Street, varying in width and running 
thence binding on the north side of said Lafayette Avenue, 
Westerly 10 feet, more or less; thence by straight lines the two 
following courses and distances; namely, Northerly 22 feet, more 
or less, and Westerly 10 feet, more or less, to the point formed 
by the intersection of the south side of a three foot alley laid 
out in the rear of the property known as No. 1400/1406 E. 
Lafayette Avenue and the west side of said Spring Street; thence 
binding on the west and north sides of said Spring Street, the 
three following courses and distances; namely. Northerly 3 feet, 
more or less. Northerly 49 feet, more or less, and Easterly 13 
feet, more or less, to intersect the west side of Spring Street, 
20 feet wide; thence binding on the west side of last said Spring 

402 



Ord. No. 370 



Street, Northerly 23 feet, more or less, to intersect the south 
side of an alley, varying in width, there situate; thence by a 
straight line. Northeasterly 24.5 feet, more or less, to the 
point formed by the intersection of the east side of last said 
Spring Street and the south side of a 15 foot alley, laid out in 
the rear of the property known as No. 14 03/1415 E. North Avenue; 
thence binding on the east side of last said Spring Street, 
Southerly 249 feet, more or less, and thence binding on the south 
and east sides of said Spring Street, varying in width the two 
following courses and distances; namely. Westerly 15 feet, more- 
or less, and Southerly 67 feet, more or less, to the place of 
beginning. 

Beginning for Parcel No. 2 at a point on the west side of a 
4 foot alley laid out 55 feet east of Harford Avenue, 78 feet 
wide, distant northerly 4 feet, more or less, measured along the 
west side of said 4 foot alley from Lafayette Avenue, 66 feet 
wide and running thence binding on the west side of said 4 foot 
alley. Northerly 22 feet, more or less, the southernmost 
extremity of a 10 foot alley laid out 55 feet east of said 
Harford Avenue; thence binding on the southernmost extremity of 
said 10 foot alley Easterly 2 feet, more or less, to the center 
line of said 4 foot alley; thence binding on the center line of 
said 4 foot alley. Southerly 22 feet, more or less, and thence by 
a straight line. Westerly 2 feet, more or less, to the place of 
beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the west side of Spring Street, varying in width 
and the north side of a 3 foot alley, laid out in the rear of the 
property known as No. 1400/1406 E. Lafayette Avenue and running 
thence binding on the west side of said Spring Street, Southerly 
1.5 feet, more or less, to the center line of said alley; thence 
binding on the center line of said alley. Westerly 73 feet, more 
or less, to the east side of a 10 foot alley, laid out 55 feet 
east of Harford Avenue, 78 feet wide; thence binding on the east 
side of said 10 foot alley. Northerly 1.5 feet, more or less, to 
the north side of said 3 foot alley and thence binding on the 
north side of said 3 foot alley. Easterly 72 feet, more or less, 
to the place of beginning. 

Parcel No. 4 - portion of a 10 foot alley laid out 55 feet 
east of Harford Avenue, 78 feet wide and extending from an alley 
varying in width laid out in the rear of the properties known as 
Nos. 1401 and 1403/1415 E. North Avenue, Southerly 234.5 feet, 
more or less. 

Parcel No. 5 - the west one-half of a 10 foot alley laid out 
in the rear of the property formerly known as No. 1809 Harford 
Avenue and extending from a point 42 feet, more or less, north of 
Lafayette Avenue, Northerly 12.5 feet, more or less. 

Parcel No. 6 - the west one-half of a 10 foot alley laid out 
in the rear of the property formerly known as No. 1805 Harford 

403 



Ord. No. 370 

Avenue and extending from a point 26 feet, more or less, north of 
Lafayette Avenue, Northerly 4 feet, more or less. 

Beginning for Parcel No. 7 at the point formed by the 
intersection of the east side of Harford Avenue, 78 feet wide and 
the north side of an alley 15 feet wide laid out in the rear of 
the properties known as Nos. 1401 and 1403/1415 E. North Avenue 
said point of beginning being distant 105 feet, more or less, 
southerly measured along the east side of said Harford Avenue 
from North Avenue, 100 feet wide, and running thence binding on 
/^", . the north side of said alley. Easterly 63 feet, more or less; 

1^ ^-j:? thence binding on the north side of an alley, varying in width 

^'\ ^^'^' laid out in the rear of the property known as No. 1403/1415 E. 

North Avenue, Easterly 54 feet, more or less; thence by a 
straight line. Southerly 15 feet, more or less, to the point 
C formed by the intersection of the east side of Spring Street, 

^ twenty feet wide and the south side of last said alley; thence by 

r" a straight line. Southwesterly 24.5 feet, more or less, to the 

^ point formed by the intersection of the west side of said Spring 

I Street and the south side of last said alley; thence binding in 

part on the south side of last said alley, in part on the south 
side of said 15 foot alley, and in all. Westerly 100 feet more or 
less, to intersect the east side of said Harford Avenue, and 
thence binding on the east side of said Harford Avenue, Northerly 
15 feet, more or less, to the place of beginning. 

The said street and alleys or portions thereof as directed 
to be condemned being delineated and particularly shown on a plat 
numbered 346-A-26 which was filed in the Office of the Department 
of Public Works on the Sixteenth (16th) day of May in the year 
^ 1989 and is now on file in said office. 

^- f ] SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 

Jl- *'^' said Department of Public Works, with reference to the 

/^ "21 condemnation and opening of said street and alleys or portions 

3^ t^-^) thereof and the proceedings and rights of all parties interested 

^ ^^ or affected thereby, shall be regulated by, and be in accordance 

•^ with, any and all applicable provisions of Article 4 of the Code 

X^ • of Public Local Laws of Maryland and the Charter of Baltimore 

{/) City (1964 Revision, as amended) and any and all amendments 

thereto, and any and all other Acts of the General Assembly of 
Maryland, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations in 
effect which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



404 



Ord. No. 371 



CITY OP BALTIMORE 

ORDINANCE NO. 371 

(Council Bill No. 656) 

AN ORDINANCE concerning 

CITY STREET - CLOSING SPRING STREET AND CERTAIN ALLEYS 
BOUNDED BY HARFORD AVENUE, NORTH AVENUE, CAROLINE STREET AND 
LAFAYETTE AVENUE 

FOR the purpose of condemning and closing Spring Street and 
certain alleys bounded by Harford Avenue, North Avenue, 
Caroline Street and Lafayette Avenue in accordance with a 
plat thereof numbered 34 6-A-26A prepared by the Surveys and 
Records Division and filed in the Office of the Department 
of Public Works, on the Sixteenth day of May, 1989. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and close Spring Street 
and certain alleys bounded by Harford Avenue, North Avenue, 
Caroline Street and Lafayette Avenue; the street and alleys 
hereby directed to be condemned for said closing being described 
as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the north side of Lafayette Avenue 66 feet wide 
and the west side of Spring Street, varying in width and running 
thence binding on the west and north sides of said Spring Street 
the four following courses and distances; namely. Northerly 22 
feet, more or less. Northerly 3 feet, more or less. Northerly 49 
feet, more or less, and Easterly 13 feet, more or less, to 
intersect the west side of Spring Street, 20 feet wide; thence 
binding on the west side of last said Spring Street, Northerly 
230 feet, more or less, to intersect the south side of an alley, 
varying in width, there situate; thence by a straight line. 
Northeasterly 24.5 feet, more or less, to the point formed by the 
intersection of the east side of last said Spring Street and the 
south side of a 15 foot alley, laid out in the rear of the 
property known as No. 14 03/1415 E. North Avenue; thence binding 
on the east side of last said Spring Street, Southerly 249 feet, 
more or less; thence binding on the south and east sides of said 
Spring Street, varying in width the two following courses and 
distances; namely, Westerly 15 feet, more or less, and Southerly 
67 feet, more or less, to intersect the north side of said 

405 



r 



Ord. No. 371 



Lafayette Avenue, 
Lafayette Avenue, 
beginning. 



and thence binding on the north side of said 
Westerly 20 feet, more or less, to the place of 



y -• 

c ■ 
c 



' ./ 



c 




^ 


Cr.' 


?o 


'^: 


I 








r?" 




iP 





Beginning for Parcel No. 2 at the point formed by the 
intersection of the north side of Lafayette Avenue, 66 feet wide 
and the west side of a 4 foot alley laid out 55 feet east of 
Harford Avenue, 78 feet wide, said point of beginning being 
distant 59 feet, more or less, easterly measured along the north 
side of said Lafayette Avenue from said Harford Avenue and 
running thence binding on the west side of said alley. Northerly 
26 feet, more or less, to the southernmost extremity of a 10 foot 
alley laid out 55 feet east of said Harford Avenue; thence 
binding on the southernmost extremity of said 10 foot alley. 
Easterly 4 feet, more or less, to the east side of said 4 foot 
alley; thence binding on the east side of said 4 foot alley. 
Southerly 26 feet, more or less, to intersect the north side of 
said Lafayette Avenue, and thence binding on the north side of 
said Lafayette Avenue, Westerly 4 feet, more or less, to the 
place of beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the west side of Spring Street, varying in width, 
and the south side of a 3 foot alley, laid out in the rear of the 
property known as No. 1400/1406 E. Lafayette Avenue, said point 
of beginning being distant 22 feet, more or less, northerly 
measured along the west side of said Spring Street from Lafayette 
Avenue, 66 feet wide, and running thence binding on the south 
side of said 3 foot alley. Westerly 74 feet, more or less, to the 
east side of a 10 foot alley, laid out 55 feet east of Harford 
Avenue, 78 feet wide; thence binding on the east side of said 10 
foot alley. Northerly 3 feet, more or less, to the north side of 
said 3 foot alley; thence binding on the north side of said 3 
foot alley, Easterly 72 feet, more or less, to intersect the west 
side of said Spring Street, and thence binding on the west side 
of said Spring Street, Southerly 3 feet, more or less, to the 
place of beginning. 

Beginning for Parcel No. 4 at the point formed by the 
intersection of the west side of a 10 foot alley, laid out 55 
feet east of Harford Avenue, 78 feet wide and the south side of 
an alley, varying in width laid out in the rear of the properties 
known as Nos. 1401 and 1403/1415 E. North Avenue, and running 
thence binding on the south side of last said alley. Easterly 10 
feet, more or less, to the east side of said 10 foot alley; 
thence binding on the east and south sides of said 10 foot alley 
the four following courses and distances; namely. Southerly 192 
feet, more or less. Southerly 42 feet, more or less. Westerly 9 
feet, more or less, and Southerly 66 feet, more or less, to the 
southernmost extremity of said 10 foot alley; thence binding on 
the southernmost extremity of said 10 foot alley. Westerly 10.5 
feet, more or less, to the west side of said 10 foot alley and 
thence binding on the west side of said 10 foot alley. Northerly 
304 feet, more or less, to the place of beginning. 



406 



Ord. No. 371 

Beginning for Parcel No. 5 at the point formed by the 
intersection of the east side of Harford Avenue, 78 feet wide and 
the north side of an alley 15 feet wide, laid out in the rear of 
the properties known as Nos. 1401 and 1403/1415 E. North Avenue, 
said point of beginning being distant 105 feet, more or less, 
southerly measured along the east side of said Harford Avenue 
from North Avenue, 100 feet wide and running thence binding on 
the north side of said alley. Easterly 63 feet, more or less; 
thence binding on the north side of an alley, varying in width 
laid out in the rear of the property known as No. 1403/1415 E. 

North Avenue, Easterly 54 feet, more or less; thence by a . * 

straight line. Southerly 15 feet, more or less, to the point ^ 

formed by the intersection of the east side of Spring Street, 20 - 

feet wide and the south side of last said alley; thence by a * 

straight line. Southwesterly 24.5 feet, more or less, to the J 

point formed by the intersection of the west side of said Spring ■ 

Street and the south side of last said alley; thence binding in ? 

part on the south side of last said alley, in part on the south \ 

side of said 15 foot alley, and in all. Westerly 100 feet, more 
or less to intersect the east side of said Harford Avenue and 
thence binding on the east side of said Harford Avenue, Northerly 
15 feet, more or less, to the place of beginning. 

The said street and alleys as directed to be condemned being 
more particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly shown 
on a plat numbered 346-A-26A which was filed in the Office of the 
Department of Public Works on the Sixteenth day of May in the 
year 1989 and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned 
by the Mayor and City Council of Baltimore, shall be and continue 
to be the property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council 
of Baltimore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every kind and 
nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor 
and City Council of Baltimore, over which said buildings or 
structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction of the 

407 



Ord. No. 371 

Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by 
any person, firm or corporation, other than the Mayor and City 
Council of Baltimore, shall upon notice from the Director of 
/^^ I Public Works of Baltimore City, be promptly removed by and at the 

^^ 'i^^ ' expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
^. closing of said highway or highways, the said Mayor and City 

I- Council of Baltimore, acting through its duly authorized 

C representatives, shall, at all times, have access to said 

^ property and to all subsurface structures and appurtenances used 

r-' by it therein, for the purposes of inspection, maintenance, 

repair, alteration, relocation and/or replacement, of any or all 
of said structures and appurtenances, and this without permission 
from or compensation to the owner or owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works with reference to the 
condemnation and closing of said street and alleys and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any 
' '• and all applicable provisions of Article 4 of the Code of Public 

Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the -J 

Department of Legislative Reference. 1 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 





:-^ 


r 




^ 


#» "* 


CP 


Civ- 


-^ 


'^: 


I 


c5 






r? 




c/? 





408 



Ord. No. 372 



Approved July 6, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORB 

ORDINANCE NO. 372 

(Council Bill NO. 670) 

AN ORDINANCE concerning '^ 

FRANCHISE FOR AN OVERHEAD ENCLOSED BRIDGEWAY 

FOR the purpose of granting permission and authority to the " 

Associated Professors of Loyola College in the City of ' 

Baltimore, its, successors, and assigns, to construct, -^ 

maintain and use an enclosed bridgeway above and across the 
4500 block of North Charles Street, the centerline of said 
bridgeway to be located approximately 417' 6" north of Cold 
Spring Lane, and being a minimum of 19' above the 4500 block 
of North Charles Street. 

BY authority of 

Article VIII - Franchises 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission and authority be and the same are 
hereby granted to Associated Professors of Loyola College in the 
City of Baltimore, its successors and assigns, hereinafter 
referred to as the "Grantee" to construct and maintain said 
bridgeway at its own cost and expense, for a period of 25 years, 
(except as otherwise permitted by the Baltimore City Charter) for 
the purpose of providing an overhead bridgeway which shall 
connect east and west campuses of Loyola College in the 4500 
block of North Charles Street, as hereinafter more particularly 
described: 

An enclosed pedestrian bridgeway across Charles street 
approximately 417 '6" north of Cold Spring Lane to connect the 
east and west pedestrian pathway systems of the Loyola College 
campus. The lowest part of the bridgeway shall be not less than 
19' above the center of said street. The bridgeway shall be 
approximately 88' between piers with connections to additional 
supporting structures and campus pathways, 15' wide and 11' high. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the said Grantee, 
its heirs, representatives and personal assigns, shall pay to the 
said Mayor and City Council of Baltimore, as compensation for the 
franchise or privilege hereby granted the sum of (0 — )- 
$2722.50 per year, payable in advance during the continuance of 
this franchise or privilege, or any renewal thereof; and subject 

409 



o 



r 
r 
r 



Ord. No. 372 

to the increase or decrease of this charge as provided in Section 
3 herein. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the City of 
Baltimore hereby expressly reserves the right and power, at all 
times, to exercise, in the interest of the public, full municipal 
superintendence, regulation, and control in respect to all 
matters connected with this grant and not inconsistent with the 
terms hereof. The license herein granted shall be held, 
exercised, and enjoyed for a period one year from the effective 
date of this ordinance, with the further right to the Grantee to 
'T^ 'i!^^jj twenty-four (24) consecutive one year renewals of the license, 

^'\ ^iHt**''. each such renewal to be for a period of one year, upon the same 

terms and conditions as the original one year grant, except as 
otherwise provided herein. Each one year renewal period shall 
C take effect immediately upon the expiration of the original or 

^ renewal term then in force, without any action being taken on 

behalf or either the City of Baltimore or the Grantee, but the 
total period of time during which the license shall operate, 
including the original term and all renewals thereof, shall not 
exceed, in the aggregate twenty-five years except as otherwise 
\ permitted by the City Charter. Provided, that the City of 

Baltimore, acting by and through the Board of Estimates, may 
increase or decrease the license charge payable by the Grantee 
under the provisions hereof, by giving written notice to that 
effect to the Grantee at least one hundred and fifty (150) days 
prior to the expiration of the original one year term granted 
herein, or any yearly renewal term herein granted which becomes 
effective after any increase or decrease in said license charge 
^ ^ has occurred. Provided further, that the City of Baltimore, 

• jii acting by and through the Director of Public Works and to 

^ ^ jj accommodate a public improvement or for other public purpose, or 

frj ^ ^ the Grantee, may terminate the license granted herein, by giving 

•ii ""iv' written notice to that effect to the other, at least one hundred 

^ C^* and eighty (180) days prior to the expiration of the original one 

^ ^^* year term granted herein or any one year renewal term herein 

jQ C*^ granted and then in effect. The rights granted herein shall be 

••^ exercised and enjoyed within six (6) months after grant. 

{/) SEC. 4. AND BE IT FURTHER ORDAINED, That the said Grantee 

shall maintain said overhead bridgeway in good condition 
throughout the full term of this grant, so long as said overhead 
bridgeway shall exist at the locations described herein. In the 
event said overhead bridgeway must be adjusted, relocated, 
protected, or supported to accommodate a public improvement or 
for other public purpose, the Grantee shall pay all costs in 
connection therewith. 

SEC. 5. AND BE IT FURTHER ORDAINED, That material non- 
compliance by said Grantee at any time or times, with any of the 
terms or conditions of the grant hereby made shall, at the option 
of the City of Baltimore, operate as a forfeiture of said grant, 
and the City of Baltimore, acting by and through the Director of 
Public Works, may terminate the license granted herein where said 

410 



Ord. No. 372 

Grantee is in material breach of its duties and obligations 
hereunder and said Grantee fails to commence to cure such breach 
or non-compliance as soon as practicable but in no event 
longerthan thirty (30) days of receipt by said Grantee from the 
City of Baltimore of vrritten notice to cure such breach. In the 
event of a failure by Grantee to cure any such breach or 
noncompliance within such 30-day period nothing, other than an 
ordinance of the City of Baltimore, shall operate as a waiver of 
any termination or forfeiture of the grant hereby made. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor of ; 

Baltimore City shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 

granted when, in his judgment, a public emergency requires such J 

revocation and, upon written notice to that effect from the Mayor j 

of Baltimore served upon the Grantee hereunder, all rights under ' 

this ordinance shall cease and terminate. ' 

SEC. 7. AND BE IT FURTHER ORDAINED, That in the event of 
any revocation, forfeiture, or termination for any reason 
whatsoever of the rights and privileges by this ordinance 
granted, or in the event of a proposed public improvement or 
other public purpose requiring said removal, the said Grantee, 
hereunder shall, at its expense, remove said overhead bridgeway 
in a manner satisfactory to the Director of Public Works of 
Baltimore City, such removal to be made without any compensation 
to the Grantee, and to be completed within such time as shall be 
specified in writing by the said Director of Public Works, which 
time shall be at least one hundred and eighty (180) days from the 
date of receipt by Grantee of a written notice requesting removal 
of said overhead bridgeway. In the event Grantee is required to 
adjust, remove or relocate said overhead bridgeway the City of 
Baltimore will work with Grantee to find an alternate location 
for said overhead bridgeway, if available. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall be liable for and shall indemnify and save harmless the 
City of Baltimore, except for gross negligence of the: City of 
Baltimore or any of its agents, employees, servants or officials, 
against any and all suits, losses, costs, claims, damages, or 
expenses to which the said City of Baltimore may from time to 
time be subjected on account of, by reason of, or in any way 
resulting from: 

A. The presence, construction, use of, operation, maintenance, 
alteration, repair, location, relocation or removal of said 
overhead bridgeway; and 

B. Any failure on the part of said Grantee to perform, promptly 
and properly, any of the duties or obligations imposed upon it by 
the terms and provisions of this ordinance. 

SEC. 9. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

411 



Ord. No. 373 



Approved July 6, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 373 



c 

c 



(Council Bill No. 221) 

AN ORDINANCE concerning 

PUBLIC NUISANCES 

FOR the purpose of amending the definition of public nuisance and 
providing that upon the second conviction the Police 
Commissioner is authorized to take certain actions . 

By repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Public Nuisances 
Ccetion 233(a) Sections 233faK 234faW2). 235. 237 



Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as aunended) be added, repealed, or amended, 
to read as follows: 



ARTICLE 19 



POLICE ORDINANCES 






Public Nuisances 



23 3. Definitions 



(a) As used in this subtitle, a "public nuisance" is any 
premises where violations of the law governing prostitution and 
lewdness, controlled dangerous substances, gambling, or criminal 
possession of stolen property are occurring and where 2 or more 
violations of such provisions, which have resulted in 2 or more 
criminal convictions, have occurred on 2 or more occasions within 
a [12] ii month period of time prior to the commencement of a 
proceeding pursuant to Section 2 34. It ohall be prima facie 
evidence that violations are oecugging when an Qpreot for a 
violation of any of the pgoviaiona of the law govcgning the 
cnuBGgatcd offcnaco hao boon made within 30 daya pgiog to the 
issuanec of notice pugsuant to Ccetion 23 4 . IT SHALL BE PRIMA 
FACIE EVIDENCE THAT A PUBLIC NUISANCE HAS OCCURRED UPON THE 
SECOND CONVICTION FOR A VIOLATION OF ANY OF THE PROVISIONS OF THE 
LAW GOVERNING THE ENUMERATED OFFENSES. 

234. Powers of the Commissioner with respect to public nuisances. 



412 



Ord. No. 374 



(a) After TWO CONVICTION S PURSUANT TO SECTION 233 f A) AND 
notice TO THE PREMISES' OWNER and opportunity for a hearing, the 
Commissioner is authorized: 

(2) To order the closing of the premises to the extent 
necessary to abate the nuisance. If the premises consists 
entirely of residential units or mixed residential and other use 
units, and the public nuisance ris occurring! HAS OCCURRED solely 
within a residential unit or units, abatement authority is 
restricted to the residential unit or units in which the public 
nuisance ris occurring! HAS OCCURRED, and does not extend to any 
other unit in the premises, except of public nuisances occurring 
in motels, hotels, and rooming and boarding houses and rooming 
units as those houses and units are defined in Article 30. 
subsections 13.0-2 -72 and 13.0-2-73 of the B altimore City Code. 

235. Termination of tenancy. 

Upon conviction r following advice of arrest by the 
Commissioner! pursuant to Section 237 or issuance of a closing 
order, the owner, lessor, or agent may immediately terminate the 
tenancy and if the lessee and any other occupants of the property 
fail to vacate the premises, the owner, lessor, or agent may use 
the conviction order in an action pursuant to the tenant holding 
over. BREACH OF LEASE or tenant-at-will provisions of law. 

237. Rules and regulations. 

The Commissioner shall promulgate rules and regulations that 
may be necessary or proper to effectuate the purpose and the 
provisions of this subtitle, including advising the premises 
owner, or agent of an arrest OR CONVICTION for the criminal 
conduct defined in Section 233 fa) occurring in those premises 
which the Commissioner determines will be subject to this 
subtitle, and the proced ure and terms of posting bonds. 

SEC. 2. AND BE IT FURTHER ORDAINED. That if any sentence. 
Clause, section or part of this ordinance is for any reason found 
to be unconstitutional, illegal or invalid, such 

unconstitutionality, illegality or invalidity shall not affect or 
impair any of the remaining provisions, sentences, clauses, 
sections or parts of this ordinance. It is hereby declared to be 
the intent of the Mayor and City Council of Baltimore that this 
ordinance would have been adopted had such unconstitutional, 
illegal or invalid sentence, clause, section or part thereof not 
been included therein. 

SEC. -a- 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved July 11, 1989 

KURT L. SCHMOKE, Mayor 



413 



Ord. No. 374 

CITY OF BALTIMORE 

ORDINANCE NO. 374 

(Council Bill NO. 390) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE PARKING LOT - 
1208 WILMER COURT AND 606-610 DOLPHIN STREET 

"T^ 'i!^??»' FOR the purpose of granting permission for the establishment, 

^'^ ^-S' maintenance and operation of an open off-street parking area 

•j^.^ on the properties known as 1208 Wilmer Court and 606-610 

*^'"^" Dolphin Street, as outlined in red on the plats accompanying 



this ordinance. 



f ^^:f BY authority of 



Article 30 - Zoning 

Sections 4.8. Id and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street 
parking area on the properties known as 1208 Wilmer Court and 
606-610 Dolphin Street, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Sections 
4.8-ld and 11.0-6d of Article 30 of the Baltimore City Code (1983 
^ ; -^ Replacement Volume, as amended), title "Zoning". 

r^ "^Z SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 

^ f ^^ this ordinance by the City Council, as evidence of the 

•^ 'i^-^' authenticity of the plat which is a part hereof and in order to 

^ ""^l give notice to the departments which are administering the Zoning 

3^ t^'^f Ordinance, the President of the City Council shall sign the plat 

jQ C*^ and when the Mayor approves the ordinance, he shall sign the 

m^ plat. The Director of Finance shall then transmit a copy of the 

f^ . ordinance and one of the plats to the following: the Board of 

(/) Municipal and Zoning Appeals, the Planning Commission, the 

Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved July 11, 1989 

KURT L. SCHMOKE, Mayor 



414 



Ord. No. 375 



CITY OF BALTIMORE 

OROIHANCB NO. 375 

(Council Bill MO. 424) 

AN ORDINANCE concerning 

LOITERING ABOUT OR USING A PLACE WITHIN A CERTIFIED DRUG FREE 
ZONE FOR THE PURPOSE OF ENGAGING IN UNLAWFUL DRUG-RELATED ACTIVITY 

FOR the purpose of prohibiting loitering about or using a place 
within a certified drug free zone for the purpose of 
engaging in unlawful drug-related activity as defined; 
enumerating certain circumstances that may be considered as 
manifesting such purpose; fixing penalties; and relating 
generally to the offense of loitering about or using a place 
certain places for the purpose of engaging in unlawful drug- 
related activity. 

BY adding 

Article 19 - Police Ordinances 

Section 58C 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

Loitering 
(A) FINDINGS AND DECLARATIONS-rj. 

THE CITY COUNCIL FINDS AND DECLARES THAT THE ILLEGAL 
MANUFACTURE, DISTRIBUTION, POSSESSION, AND ADMINISTRATION OF 
DRUGS AND OTHER UNLAWFUL DRUG-RELATED ACTIVITIES IS A CITY-WIDE 
EVIL OF SUBSTANTIAL AND URGENT PROPORTIONS CONSTITUTING A CLEAR 
AND PRESENT DANGER TO THE CITIZENS OF THE CITY; THAT INNOCENT 
PERSONS, INCLUDING CHILDREN, WHO COME INTO CONTACT WITH ILLEGAL 
DRUG-RELATED ACTIVITY ARE SERIOUSLY AND ADVERSELY AFFECTED AND 
THEIR HEALTH AND SAFETY ARE JEOPARDIZED BY THE VIOLENCE AND 
MATERIALS (SUCH AS DISCARDED SYRINGES) ASSOCIATED WITH THESE 
PRACTICES; AND THAT CRIMINALIZING THE ACT OF LOITERING ABOUT OR 
USING PLACES WITHIN A CERTIFIED DRUG FREE ZONE FOR THE PURPOSE OF 
ENGAGING IN DRUG-RELATED ACTIVITY IS A NECESSARY EXERCISE OF THE 
POLICE POWER TO MAINTAIN THE PEACE, GOOD GOVERNMENT, HEALTH AND 
WELFARE OF BALTIMORE CITY. 

(B) IT IC U>JLAWFUL FOR MfY PERCON TO LOITER ABOUT OR 
USE A>f¥ PUBLIC OR PRIVATE WAY, PLACE OVEH TO THE PUBLIC, OR A>JY 
PUBLIC OR PRIVATE PLACE FOR THE rURPOGE OF ENGAGING IN DRUG - 
RELATED ACTIVITY CONTRARY TO BY AtJY OF THE PROVISIONS OF ARTICLE 

415 



Ord. No. 375 



27, TITLE, CRIMEC AND rWflCIIMiarTC, GUDTITLE, HEALTH CONTROLLED 
DANGEROUC GUDCTANCEG, OF TIIE ANNOTATED CODE OF MARYLAND, AC 
AMENDED i 



c 





'J 


r 


^ > 


ir" 


„ -^ 


c- 


!-r.. 


:o 


'^. 


5 


& 






^ 




(/> 





(B\ IT IS UNLAWFUL FOR ANY PERSON TO LOITER ABOUT OR 
REMAIN AT ANY PUBLIC WAY. PUBLIC PLACE OR PLACE OPEN OR LEGALLY 
ACCESSIBLE TO THE PUBLIC WITHIN A CERTIFIED DRUG FREE ZONE. AS 
HEREIN PROVIDED FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED 
ACTIVITY TH AT IS PROHIBITED BY ANY OF THE PROVISIONS OF ARTICLE 
27. CRIMES AND PUNISHMENTS. SU BTITLE. HEALTH-CONT ROLLED DANGEROUS 
SUBSTANCES OF THE ANNOTATED CODE OF MARYLAND. AS AMENDED. 
RELATING TO THE MANUFACTURE. DISTRIBUTION. SALE. POSSESSION. OR 
ADMINISTRA TION OF SUBSTANCES COVERED THEREIN. 

( C) AMONG THE CIRCUMSTANCEG WHiai MAY BE CONGIDERED IN 
DETERMINING WHETHER GUCH PURTOGE ID MANIFESTED ARE ; 

li SUCH PERSON ID A KNOWN Utf LAWFUL DRUG UCER, 
POSSESSOR, OR SELLER. A "KNOWN UNLAWFUL DRUG USER, 
POSSESSOR, OR SELLER" IS A PERSON WHO HAS, WITHIN THE 
K>JOWLEDGE OF THE ARRESTING OFFICER, BEEN CONVICTED IN 
AtJY COURT OF ANY VIOLATION OF A REFEREtJCED PROVISION OF 
THE STATE CODE INVOLVING THE REGULATION, USE, 
POSSESSION, OR SALE OF A>fY OF THE SUDSTA>fCES REFERRED 
TO THEREIN, OR COtrVICTED OF VIOLATING A SUBSTANTIALLY 
SIMILAR PROVISION OF FEDERAL LAW OR SUCH LAW OF A>fY 
OTHER JURISDICTION; OR A PERSON WHO DISPLAYS PHYSICAL 
CHARACTERISTICS OF DRUG INTOXICATION OR USAGE, SUCH AS 
"NEEDLE TRACKS"; OR A PERSON WHO POSSESSES DRUG 
PARAPHERNALIA AS DEFINED IN SECTION 2Q7A OF ARTICLE 27 
OF THE REFERENCED ANNOTATED CODE OF MARYLAND? 

2. SUCH PERSON IS CURRENTLY SUBJECT TO A COURT ORDER 
PROHIBITING THE PERSON'S PRESENCE IN THE AREA WHERE 
FOUND; 

3. SUCH PERSON IS BEHAVING IN A MAN>JER RAISING A 
REASONABLE SUSPICION THAT THE PERSON IS ADOUT TO ENGAGE 
IN OR IS THEN ENGAGED IN AN UNLAWFUL DRUG ' RELATED 
ACTIVITY, INCLUDING BY WAY OF EXAMPLE ONLY, THAT SUCH 
PERSON IS ACTING AS A "LOOKOUT"; 



A i SUCH PERSON IS PHYSICALLY IDENTIFIED BY THE OFFICER 
AS A MEMBER OF A "GANG" OR ASSOCIATION WHICH ENGAGES IN 
ILLEGAL DRUG ACTIVITY; 



5. SUCH PERSON TRANSFERS SMALL OBJECTS OR PACm^GES FOR 
CURRENCY IN A FURTIVE FASHION; 

6. SUCH PERSON TAKES FLIGHT UPON THE APPEARANCE OF A 
UNIFORMED OR OTHERWISE IDE>fTIFIED POLICE OFFICER; 



416 



Ord. No. 375 



7 1 CUCII PERCOW MAMIFECTLY E>?DEAVOnC TO COHCEAL IIIMCELF 
on IIERCELF on AMY OBJECT VnilCII REACONADLY COULD BE 
IHVOLVED IN AN UNLAWFUL OnUG RELATED ACTIVITY; 

0. THE AnEA ItfVOLVED IC BY PUBLIC nEPUTE, On TimOUGH 
THE PnOFECCIONAL EXPEniENCE OF TIIE AnnECTING OFFICEn, 
KNOW? TO BE Mi AnEA OF UNLAWFUL DnUG UCE MfD 
TnAFFICKING; 

0. ANY VEHICLE ItH/OLVED IS nEGICTEnED TO A IQfOWf 

UNLAWFUL DnuG ucEn, poscECGon, on cELLEn, on A PEnCON 

FOn WHOM THERE IC AN OUTGTA>JDING AnnECT WAnnANT FOn A 
CniME ItrVOLVING DnUG nELATED ACTIVITY. 

(C) IN MAKING A DETERMINATION THAT A PERSON IS 
LOITERING ABOUT OR REMAINING AT ANY PUBLIC WAY. PUBLIC PLACE OR 
PLACE OPEN OR LEGALLY ACCESSIBLE TO THE PUBLIC WITHIN A CERTIFIED 
DRUG FREE ZONE. AS HEREIN PROVIDED. FOR THE PURPOSE OF ENGAGING 
IN PROHIBITED DRUG-RELATED ACTIVITY. THE TOTALITY OF THE 

CIRCUMSTANCES INVOLVED SHALL BE CONSIDERED. AMONG THE - 

CIRCUMSTANCES WHICH MAY BE CONSIDERED IN DETERMINING WHETHER SUCH 
PURPOSE IS MANIFESTED ARE: 

1. THE CONDUCT OF THE PERSON BEING OBSERVED. 
INCLUDING. BY WAY OF EXAMPLE ONLY. THAT SUCH PERSON IS BEHAVING 
IN A MANNgR RAISING A fiEASONABLg Bgl^ISF THAT THE PERSON IS 
ENGAGING OR IS ABOUT TO ENGAGE IN ILLEGAL DRUG ACTIVITY SUCH AS 
THE OBSERVABLE DISTRIBUTION OF SMALL PACKAGES TO OTHER PERSONS. 
THE RECglPT Of CURRENCY fOR THg gXCHA^Gg OF A SMAI,L PACKAGg. 
OPERATING AS A "LOOKOUT". WARNING OTHERS OF THE ARRIVAL OF 
POLICE. FLEEING WITHOUT OTHER APPARENT REASON UPON THE APPEARANCE 
OF A POLICE OFFICER. CONCEALING HIMSELF OR HERSELF OR ANY OBJECT 
WHICH REASONABLY MAY BE CONNECTED TO UNLAWFUL DRUG-RELATED 
AQTXVITY, OR ENGAGING XN ANY OTHER CONDUCT NOfiMA;,LY ASSOCIATED BY 
LAW ENFORCEMENT AGENCIES WITH THE ILLEGAL DISTRIBUTION OR 
POSSESSION OF DRUGS: 

2. INFORMATION FROM A RELIABLE SOURCE INDICATING 
THAT THE PERSON BEING OBSERVED ROUTINELY DISTRIBUTES ILLEGAL 
DRUGS WITHIN THE DRUG FREE ZONE: 

3. INFORMATION FROM A RELIABLE SOURCE INDICATING 
THAT THE PERSON BEING OBSERVED IS CURRENTLY ENGAGING IN ILLEGAL 
DRUG-RELATED ACTIVITY WITHIN THE DRUG FREE ZONE; 

4., SVCn PERSQN IS PHYSICALLY IPENTIFIEP BY T^E 
OFFICER AS A MEMBER OF A "GANG" OR ASSOCIATION WHICH ENGAGES IN 
ILLEGAL DRUG ACTIVITY: 

5. SUCH PERSON IS A KNOWN UNLAWFUL DRUG USER. 
POSSESSOR. OR SELLER. A "KNOWN UNLAWFUL DRUG USER. POSSESSOR. OR 
SELLER" IS A PERSON WHO HAS. WITHIN THE KNOWLEDGE OF THE 
ARRESTING OFFICER. BEEN CONVICTED IN ANY COURT OF ANY VIOLATION 
OF REFERENCED PROVISION OF THE REFERENCED STATE CODE INVOLVING 

417 



s 




r 


■-','ii 


c 


:i 


r 


.'"? 


r 




r 




r 





Ord. No. 375 

THE REGULATION. USE. POSSESSION. PURCHASE. OF SALE OF ANY OF THE 

gVBSTANCEg REFEPREP T9 THERSIH. 9R CQNVICTEP OF VXQIATING h 
SUBSTANTIALLY SIMILAR PROVISION OF FEDERAL LAW OR SUCH LAW OF ANY 
OTHER JUR ISDICTION: OR A PERSON WHO DISPLAYS PHYSICAL 
CHARACTERISTICS OF DRUG INTOXI CATION OR USAGE. SU CH AS DILATED 
PUPILS. GLASSY EYES. OR "NEEDLE TRACKS"; OR A PERSON WHO 
POSSESSES DRUG PARAPHERNALIA AS DEFINED IN SECTION 287A OF 
ARTICLE 27 OF THE REFERENCED ANNOTATED CODE OF MARYLAND: 

6. SUCH PERSON HAS NO OTHER APPARENT LAWFUL REASON 
FOR LOITERING OR REM AINING IN THE DRUG FREE ZONE (E.G.. SUCH AS 
WAITING FOR A BUS OR BEING NEAR ONE'S O WN RESIDENCE) ; 

7. ANY VEHICLE INVOLVED IN THE OBSERVED 
CIRCUMSTANCES IS REGISTERED TO A KNOWN UNLAWFUL DRUG USER. 
POSSESSOR . OR SELLER. OR A PERSON FOR WHOM THERE IS AN 
OUTSTANDING ARREST WARRANT FOR A CRIME INVOLVING DRUG-RELATED 
ACTIVITY. 

fD) A POLICE OFFICER SHALL FIRST REOUEST A PERSON 
SUSPECTED OF LOITERING UNDER THIS SECTION WITHIN A DRUG FREE ZONE 

■ TO LEAVE THE PREMISES. FAILURE TO OBEY THE POLICE OFF ICER SHALL 

SUBJECT TH E PERSON TO ARREST. 

I (E) CERTIFIED DRUG-FREE ZONES SHALL BE CREATED AND 

ENFORCgp AS fOL^^OWS; 

1 ! 

1. A CERTIFIED DRUG FREE ZONE IS A GEOGRAPHICAL 
; " AREA OF BALTIMORE CITY CERTIFIED AS SUCH BY THE POLICE 

, ^) COMMISSIONER. INCLUDING BUT NOT LIMITED TO IDENTIFIABLE SEGMENTS 

^ " > OF STREETS . AH.EYS, WAI^jWAYS, PARKS, RECREATION CgNTgRS, SCHOOI.S , 

U- ; J^ BUS STATIONS. TRAJN PEPOT? , TAXI STANPS. COMMERCIAL PARKING ;,OTS , 

rr; t^ PLACES OF PUBLIC ACCOMMODATION AND CONVENIENCE. PUBLIC HOUSING 

Z0r\ •''^' COMPLEXES AND PUBLIC ACCESS AREAS IN RESIDENTIAL APARTMENT 

^ "^I STRUCTURES. THE COMMISSIONER MAY ESTABLISH. ALTER. RECERTIFY. OR 

2 r^) TERMINATE SUCH certification from time to time, but any such 

^ ^*^ certification will expire three (3) months from the date of its 

-r: certification unless recertified for an additional three months 

nj ■ (3) MONTHS PRIOR TO EXPIRING. THE COMMISS IONER SHALL CAUSE TO BE 

W DISSEMINATED TO ALL POLICE ENFORCEMENT PERSONNEL A CURRENT LIST 

OF CERTIFIED DRUG FREE ZONES. 

2. TO DETERMINE WHETHER TO CERTIFY AN AREA AS A 
"DRUG FREE ZONE" TH E COMMISSIONER SHALL CONSIDER T HE FOLLOWING; 

A. ARRESTS OR OTHER STATISTICAL CRITERIA FOR 
. REPORTING CRIME ACCEPTED AND RELIED UPON BY LAW ENFORCEMENT 

AGENCIES WHICH INDICATE A DISPROPORTIONATELY HIGH OCCURRENCE OF 
ILLEGAL DRUG POSSESSION OR DISTRIBUTION ACTIVITY IN THE PROPOSED 
DRUG FREE ZONE; 

B. ONE HOMICIDE OR MORE THAN ONE INSTANCE OF 
VIOLENT CRIME VERIFIED TO HAVE BEEN RELATED TO THE POSSESSION OR 
DISTRIBUTION OF ILLEGAL DRUGS COMMITTED WITHIN THE PREVIOUS SIX- 

418 



Ord. No. 375 



MONTH PERIOD WITHIN THE PROPOSED DRUG FREE ZONE: 

C. RELIABLE. OBJECTIVE AND VERIFIABLE 
INFORMATION THAT INDICATES ILLEGAL DRUG ACTIVITY IS OCCURRING IN 
AN AREA LISTED IN SUBSECTION ( EWl) HEREIN OR ANY OTHER 
IDENTIFIAB LE AREA LEGALLY ACCESSIBLE TO THE pUBLIC; 

Pt any QT HER vERIFIASLE INFOPWTIQN AQCEPTEP 
BY LAW ENFORCEMENT AGENCIES THAT INDICATES TO THE COMMISSIONER 
THAT THE HEALTH OR SAFETY OF RESIDENTS THAT LIVE IN OR NEAR THE 
PROPOSED DRUG FREE ZONE ARE ENDANGERED BY THE POSSESSION OR 
DISTRIBUTION OF ILLEGAL DRUGS. 

3. PRIOR TO CERTIFYING OR RECERTIFYING A DRUG FREE 
ZONE. THE POLICE COMMISSIONER SHALL; 

A. CAUSE TO BE PUBI^ISffED AT LgAST ONg WgEK 
PRIOR TO CERTIFYING A LISTING OF THE SPECIFIC AREA TO BE 
CERTIFIED XN ONg OR f^Ofifi NEWSPAPERS Of GENERAL CXRCUJ^TJON XN 
BALTIMORE CXTY ; 

Br PROVIDE WRITTEN NQTIQE NOT LESS THAN QNE 
WEEK PRIOR TO SUCH CERTIFICATION TO THE MAYOR. AND THE PRESIDENT 
AND MEMBERS OF THE CITY COUNCIL OF THE SPECIFIC AREA TO BE 
CERTIFIED INCLUDING THE BOUNDARIES OF THE AREA AND THE DATE WHEN 
THE CERTIFICATION WILL BEGIN; 

C. POST AT LEAST THREE (3) DAYS PRIOR TO 
CERTIFICATION A NOTICE IN THE AREA TO BE CERTIFIED THE BOUNDARIES 
OF THE CERTIFIED DRUG FREE ZONE. THE DATE CERTIFICATION WILL 
BEGIN AND END. AND A PHONE NUMBER TO CALL FOR ADDITIONAL 
INFORMATION: 

p. TAKE ANY OTHER STEPS NECESSARY ANP 
REASONABLE TO INFORM THE COMMUNITY IN AND SURROUNDING THE AREA TO 
BE CERTIFIED OF SUCH CERTIFICATION INCLUDING BY WAY OF EXAMPLE: 
USE OF MASS MEDIA. PUBLICATION IN COMMUNITY NEWSLETTERS OR 
NEWSPAPERS. MEETINGS WITH COMMUNITY GROUPS AND CITIZENS. 
NOTIFICATION AT COMMUNITY RELA TIONS COUNCILS OR ANY OTHER MEANS 
DEEMED APPROPRIATE: 

-^Bf IZl ANY PERSON WHO VIOLATES THE 
PROVISIONS OF THIS SECTION IS GUILTY OF A MISDEMEANOR, AND UPON 
CONVICTION SHALL BE SUBJECT TO IMPRISONMENT FOR NOT MORE THAN ^O 
30 DAYS OR A FINE OF NOT MORE THAN $i^e^ 400, OR BOTH. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT THIS ORDINANCE 
SHALL REMAIN IN EFFECT FOR A PERIOD OF ONE YEAR FROM ITS 
ENACTMENT, AND WITH NO FURTHER ACTION REQUIRED BY THE MAYOR AND 
CITY COUNCIL SHALL BE ABROGATED AND OF NO FURTHER FORCE AND 
EFFECT. 

SEC. 2. SEC. 3. AND BE IT FURTHER ORDAINED, That if a 
provision of this section or its application in a particular 
instance is held invalid, such invalidity shall not affect any 
other provision or the application thereof, which can be given 

419 






Ord. No. 376 

effect without the invalid provision or application, and to this 
end the provisions of this section are declared to be severable. 

GEO. 3* SEC. 4. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 11, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



7 S" 

\^^ /'' ORDIMAHCE MO. 376 

(Coxincil Bill Mo. 428) 

^ AN ORDINANCE concerning 

f ^ •-'- CITY PROPERTY - A PARCEL OF LAND FOR PUBLIC UTILITY 

RIGHT OF WAY THROUGH A PORTION OF THE PROPERTY OF IN SEON LEE 
AND KNOWN AS NO. 508 E. PRESTON STREET 

FOR the purpose of authorizing the acquisition by purchase or 

condemnation by the Mayor and City Council of Baltimore of 
the fee simple interests or such other interests as the 
Commissioner of Transportation may deem necessary or 
sufficient, in and to certain pieces or parcels of land 
situate in Baltimore City for Public Utility Right of Way 
for a 24 inch Storm Water Drain and for other municipal 
. J utilities and services through a portion of the property 

known as No. 508 E. Preston Street for Storm Water Contract 
No. 535; the location being shown on a plat thereof numbered 
R.W. 2 0-3 562 5A prepared by the Surveys and Records Division 
and filed in the Office of the Director of the Department of 



%\t -- -. 

y^ ^^ revised the Twenty-sixth (26th) day of July, 



^ ^^ Public Works on the Sixth (6th) day of July, 1988 and J 

^-^ revised the Twentv-sixth (26th) dav of Julv. 1988. " 



BY authority of 

Article I - General Provisions 

Section - 4 

Article II - General Powers 

Section - 2 (32) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That it is necessary to acquire by purchase or 
condemnation for Public Utility Right of Way purposes, namely, 
for the construction and maintenance of the 24 inch Storm Water 
Drain and/or other municipal utilities and services through a 
portion of the property known as No. 508 E. Preston Street for 
Storm Water Contract No. 535; the fee simple interests or such 
other interests as the Commissioner of Transportation may deem 
necessary, in and to the pieces or parcels of land, situate in 
Baltimore City, including the improvements thereon, bounded as 

420 



1 



t 



Ord. No. 376 



follows: 

The portion of 20 foot Right of Way through a portion of the 
property of In Seon Lee known as No. 508 E. Preston Street and 
shown on a plat thereof numbered R.W. 2 0*3 562 5A. 

Including all property, rights, interests, easements and/ or 
franchises necessary for said Public Utility Right of Way and the 
construction and maintenance of said 24 inch Storm Water Drain 
and/or other municipal utilities and services in said Public 
Utility Right of Way, the location and course of said Public 
Utility Right of Way being shown on a plat thereof numbered R.W. 
20-35625A, prepared by the Surveys and Records Division and filed 
in the office of the Director of the Department of Public Works 
on the Sixth (6th) day of July, 1988, and revised the Twenty- 
sixth (26th) day of July, 1988. 

Any mention or reference to any streets, roads, avenues, 
highways or alleys in this Ordinance or on the plat referred to 
herein are for the purpose of description only and shall not be 
held or taken to be any evidence whatever that said streets, 
roads, avenues, highways, alleys or any of them, are public, 
dedicated or private thoroughfares. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Commissioner of 
Transportation or the person or persons the Board of Estimates of 
Baltimore City may hereafter from time to time designate, is or 
are hereby authorized to acquire on behalf of the Mayor and City 
Council of Baltimore, and for the purposes described in this 
Ordinance, the fee simple interests or such other interests as 
the said Commissioner may deem necessary or sufficient, in and to 
said pieces or parcels of land and improvements thereupon, 
including all property, rights, interests, easements and/ or 
franchises necessary for said Public Utility Right of Way and the 
construction and maintenance of said 24 inch Storm Water Drain 
and/or other municipal utilities and services in said Public 
Utility Right of Way. If the said Commissioner of 
Transportation, or person or persons the Board of Estimates of 
Baltimore City may designate are unable to agree with the owner 
or owners on the purchase price of any of the said pieces or 
parcels of land and improvements thereupon or for any of the said 
properties, rights, interests, easements and/or franchises, they 
shall forthwith notify the City Solicitor of Baltimore City who 
shall thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire 
by condemnation the fee simple interests or such other rights, 
interests, easements and/or franchises as the said Commissioner 
may deem necessary or sufficient for the purposes of said Public 
Utility Right of Way. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the proceedings for 
the acquisition by condemnation of the property and rights herein 
described and the rights of all parties interested or affected 
thereby shall be regulated by and be in accordance with the 

421 



y, 


a 

-''■• 


^^ 


Z*"^^ 


^ 




L 


•1 


C 


l^^'^ 
»(i' 


r 


\o 


r 


;1 


r 


r ■ 


. "•• 



Ord. No. 377 

provisions of The Real Property Article of the Annotated Code of 
Maryland (1974), Title 12; Section 101 Et. Seq. and any and all 
amendments thereto. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said 
Commissioner of Transportation or person or persons the Board of 
Estimates of Baltimore City may designate are also hereby 
authorized to negotiate for and to enter into in the name of the 
Mayor and City Council of Baltimore, any and all necessary 
agreements with the Federal and State Governments, or any of 
their agencies, and any other persons, firms or corporations, in 
aid of, in furtherance of, or in connection with said Public 
Utility Right of Way; all such acquisitions and agreements to be 
subject to the approval of the Board of Estimates. 

SEC. 5. AND BE IT FtJRTHER ORDAINED, That after the necessary 
agreements have been made and the necessary properties, lands, 
rights, easements and/or franchises have been acquired as 
hereinbefore provided, the Commissioner of Transportation of 
Baltimore City is hereby authorized and directed to construct or 
cause to be constructed the said 24 inch Storm Water Drain and/ or 
other municipal utilities and services in said Public Utility 
Right of Way, all in accordance with detailed plans hereafter to 
be prepared therefor and after said plans have been approved by 
the said Commissioner of Transportation. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved July 11, 1989 

KURT L. SCHMOKE, Mayor 



r * ^ 

W AN ORDINANCE concerning 



CITY OF BALTIMORE 

ORDINANCE MO. 377 

(Council Bill Mo. 469) 



METROPOLITAN DISTRICT EXTENSION NO. 107 

FOR the purpose of consenting to and approving a Petition for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land consisting of 48.92 acres in the Second 
Election District located in the vicinity of Randallstown, 
Offutt Road and Migan Road Area, District 2/C2 (Charles A. 
Mann Property) and in accordance with the provisions of 
Chapter 539 of the Acts of the General Assembly of Maryland 
of 1924, as amended by Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the petition for the extension of the 

422 



Ord. No. 378 



Metropolitan District of Baltimore County located in the vicinity 
of Randallstown, Offut Road and Migan Road Area, District 2/C2 
(Charles A. Mann Property) , more particularly shovm on a plat 
filed in the Department of Public W6rks of Baltimore County 
numbered Ext. 107, is in accordance with the authority granted by 
Chapter 539 of the Acts of the General assembly of Maryland 1924, 
and amended by chapter 515 of the Acts of 1955 hereby consented 
to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved July 11, 1989 

KURT L. SCHMOKE, Mayor 



CITY 07 BALTIMORE 

ORDINANCE NO. 378 

(Council Bill No. 490) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of an open off-street parking area 
subject to certain conditions on the properties known as 11- 
17 E. Lafayette Avenue, as outlined in red on the plats 
accompanying this ordinance. 

By authority of 

Article 30 - Zoning 

Section (s) 9.0-3d and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended 

SECTION 1 . BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street 
parking area on the properties known as 11-17 E. Lafayette 
Avenue, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Section (s) 9.0-3d and 11.0-6d 
of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 

423 



Ord. No. 379 

ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED. That the Permission 
granted b v this Ordinance is subject to the following conditions 
bv the o wner or operator of the parking lot; 

r;;;; l. provide night supervision of the parking lot. 

«^^ /■--: 2. Provid e lighting subject to the approval of the 

Departme nt of Housing and Community Development's Commercial 
Revitalization program. 

\^ ',.■ 3. Construct a wall with ornamentation subiect to the 

f , :*» approval o f the staff of the Planning Department. 

r -'' 

4. No vehicular entrance or exit sh all be permitted to 
PC fCQW the c^i;ey locatec^ aqj^gent tP the s^t?iect park4nq lot, 

SEC. 9-r 4_s. AND BE IT FURTHER ORDAINED, That this ordinance 
shall tcLke effect on the 30th day after the date of its 
enactment . 

Approved July 11, 1989 

KURT L. SCHMOKE, Mayor 






• J 
^ ^ /J CITY OP BALTIMORE 



ORDINANCE NO. 379 
(Council Bill No. 508) 



AN ORDINANCE concerning 

RETAIL BUSINESS DISTRICT - 
PENNSYLVANIA AVENUE /LAFAYETTE MARKET 

FOR the purpose of providing that the geographical area located 
within certain described boundaries shall be the 
Pennsylvania Avenue /Lafayette Market Business District and 
providing a fee calculation method for the District. 

BY adding 

Article 15 - Licenses 

Subtitle - Retail Business Districts 

Section 121 (i) 

Baltimore City Code (1983 Replacement Volume, as amended) 



424 



Ord. No. 379 



WHEREAS, The business owners whose businesses are located 
within the Pennsylvania Avenue /Lafayette Market Business 
District, as set forth herein, desire a Retail Business District 
to be established in their area; and 

WHEREAS, The business owners shall, upon adoption of this 
Ordinance, organize themselves as an incorporated business 
association for the purposes of promoting the commercial 
revitalization interest and general improvement of the 
Pennsylvania Avenue /Lafayette Market Business District consistent 
with the provisions of this Ordinance; and 

WHEREAS, W*e Pennsylvania Avenue /Lafayette Market business 
area is a designated Commercial Revitalization project area known 
as Upton; and 

WHEREAS, the Fourth Councilmanic District representatives 
and the Commissioner of Housing and Community Development, at the 
request of the business owners of the Pennsylvania 
Avenue/Lafayette Market Business District, have recommended and 
requested the establishment of a Retail Business District for the 
Pennsylvania Avenue/ Lafayette Market business area; now, 
therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

RETAIL BUSINESS DISTRICTS 

121. Designated Retail Business Districts. 

(I) PENNSYLVANIA AVENUE /LAFAYETTE MARKET BUSINESS DISTRICT 

(1) THE AREA LOCATED WITHIN THE BOUNDARIES SET FORTH IN 
THIS SUBSECTION IS HEREBY DECLARED TO BE A RETAIL BUSINESS 
DISTRICT AND MAY BE REFERRED TO AS PENNSYLVANIA AVENUE/ LAFAYETTE 
MARKET BUSINESS DISTRICT. 

BEGINNING FOR THE SAME AT THE POINT FORMED BY THE 
INTERSECTING CENTER LINES OF PENNSYLVANIA AVENUE AND MOSHER 
STREET, THENCE RUNNING NORTHEASTERLY 180 FEET ±, THENCE RUNNING 
NORTHERLY NORTHWESTERLY 400 FEET ± TO INTERSECT THE CENTERLINE OF 
MCMECHEN STREET, THENCE RUNNING NORTHEASTERLY 33 FEET ± TO 
INTERSECT THE CENTERLINE OF BRUNT STREET, THENCE RUNNING 
NORTHERLY NORTHWESTERLY 88 FEET ±, THENCE RUNNING NORTH EASTERLY 
88 FEET ±, THENCE RUNNING NORTHERLY NORTHWESTERLY 201 FEET ±, 
THENCE RUNNING SOUTHWESTERLY 88 FEET ± TO INTERSECT THE 
CENTERLINE OF BRUNT STREET, THENCE RUNNING NORTHERLY 
NORTHWESTERLY 105 FEET ± TO INTERSECT THE CENTERLINE OF WILSON 
STREET, THENCE RUNNING SOUTHWESTERLY 90 FEET ± TO INTERSECT THE 

425 



Ord. No. 379 






^^ 



r 






3 



C/7 



SOUTHWESTERN LOT LINE OF LOT 56, WARD 14, SECTION 9, BLOCK 338 AS 
EXTENDED, THENCE RUNNING NORTHWESTERLY 78 FEET ± TO INTERSECT THE 
CENTERLINE OF THE NEXT 3rFOOT ALLEY, THENCE RUNNING NORTHEASTERLY 
94 FEET ± TO ITNERSECT THE CENTERLINE OF BRUNT STREET, THENCE 
RUNNING NORTHWESTERLY 77 FEET TO INTERSECT THE CENTERLINE OF 
BRUNT COURT, THENCE RUNNING SOUTHWESTERLY 92 FEET ± TO INTERSECT 
THE CENTERLINE OF THE NEXT 10-FOOT ALLEY, THENCE RUNNING 
NORTHWESTERLY 144 FEET ± TO INTERSECT THE CENTERLINE OF THE NEXT 
ie 8 FOOT ALLEY, THANCE RUNNING NORTHEASTERLY 92 FEET ± TO 
INTERSECT THE CENTERLINE OF BRUNT STREET, THENCR RUNNING 
NORTHWESTERLY 200 FEET ± TO INTERSECT THE DIVISION LINE BETWEEN 
LOTS 55/56 AND 64, WARD 14, SECTION 7, BLOCK 327 AS EXTENDED, 
THENCE RUNNING SOUTHWESTERLY 82 FEET ± TO INTERSECT THE 
CENTERLINE OF THE NEXT 15-FOOT ALLEY. THENCE RUNNING 
NORTHWESTERLY 305 FEET -K TO INTERSECT THE CENTERLINE OF ROBERT 
STREET, THENCE RUNNING SOUTHWESTERLY 123 FEET ± TO INTERSECT THE 
CENTERLINE OF PENNSYLVANIA AVENUE, THENCE RUNNING NORTHWESTERLY 
45 FEET ± TO INTERSECT THE CENTERLINE OF ROBERT STREET, THENCE 
RUNNING SOUTHWESTERLY 317 FEET ± TO INTERSECT THE CENTERLINE OF 
N. FREMONT AVENUE; THENCE RUNNING SOUTHERLY SOUTHEASTERLY ALONG 
THE CENTERLINE OF N. FREMONT AVENUE 590 FEET ± TO INTERSECT THE 
CENTERLINE OF SEWELL STREET, THENCE RUNNING NORTH EASTERLY 154 
FEET TO INTERSECT THE CENTERLINE OF ARGYLE AVENUE , THENCE RUNNING 
(60 FEET WIDE) IF PR90JECTED NORTHWESTERLY. THENCE BINDING 
REVERSELY QN SAIP LINE $Q PPAWN ANP QN THE gEyTERLINE OF ARGYLE 
AVENUE IN ALL SOUTHEASTERLY 360 FEET ± TO INTERSECT THE NORTHERN 
LOT LINE OF LOT 36, WARD 14, SECTION 10, BLOCK 337 AS EXTENDED, 
THENCE RUNNING NORTHEASTERLY 130 FEET TO INTERSECT THE CENTERLINE 
OF THE NEXT 3 -FOOT ALLEY, THENCE RUNNING SOUTHEASTERLY 37 FEET ± 
TO INTERSECT THE NEXT 3rF00T ALLEY, THENCE RUNNING NORTH EASTERLY 
110 FEET ± TO INTERSECT THE CENTERLINE OF THE NEXT 5-FOOT ALLEY, 
THENCE RUNNING SOUTHEASTERLY 103 FEET ± TO INTERSECT THE 
CENTERLINE OF PITCHER STREET, THENCE RUNNING NORTHEASTERLY 120 
FEET ± TO INTERSECT THE CENTERLINE OF PENNSYLVANIA AVENUE, THENCE 
RUNNING SOUTHEASTERLY 591 FEET ± TO THE POINT OF BEGINNING. 

(2) CALCULATION OF FEE. 

THE FEE FOR THE PENNSYLVANIA AVENUE /LAFAYETTE 
MARKET BUSINESS DISTRICT LICENSE SHALL BE BASED UPON THE TOTAL 
NUMBER OF SQUARE FEET OF FIRST FLOOR SPACE FOR EACH BUSINESS 
ESTABLISHMENT OCCUPIED FOR RETAIL^ SERVICE, RENTAL OR 
PROFESSIONAL SERVICES RENDERED BY THAT ESTABLISHEMENT . INCLUDING 
gTQPAGE ?PAQE INCIPENTAL TO THE gVglNE?? EgTAPLI?H?lENT'S PRI^lARY 
BUSINESS. WHETHER THE PREMISES ARE OWNED, LEASED OR OTHERWISE 
HELD BY SUCH BUSINESS ESTA